Baena

Baena v. Gonzales

Good Law
235 F. App'x 646
United States Court of Appeals for the Ninth CircuitAugust 22, 2007No. 06-71061California491 words

Opinion

Lead Opinion

MEMORANDUM *

Armando Lopez Baena and Rosa Maria Ramirez (“Petitioners”), natives and citizens of Mexico, appeal the Board of Immigration Appeals’ (“BIA”) denial of their application for cancellation of removal pursuant to 8 U.S.C. § 1229b(b)(l). The Immigration Judge (“IJ”) found Petitioners satisfied the first three requirements for cancellation relief under § 1229b(b)(l)(A)-(C), but denied relief because Petitioners had not shown “removal would result in exceptional and extremely unusual hardship” to their United States citizen children under § 1229b(b)(l)(D). Petitioners argue their due process right to a full and fair hearing before a neutral fact-finder was violated because the IJ was biased and applied the incorrect legal standard. We dismiss the petition in part and deny it in part.

Petitioners’ failure to exhaust their administrative remedies on the issue of whether they were “denied a full and fair hearing before a neutral fact-finder prevents us from exercising judicial review of this question.” 1 See Sanchez-Cruz v. INS, 255 F.3d 775, 780 (9th Cir.2001) (citing Vargas v. INS, 831 F.2d 906, 907-08 (9th Cir.1987)). We therefore must dismiss this claim for lack of…

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