Leyva-Estrada

Leyva-Estrada v. Keisler

Good Law
243 F. App'x 335
United States Court of Appeals for the Ninth CircuitSeptember 27, 2007No. 05-75885California331 words

Opinion

Lead Opinion

MEMORANDUM ***

Jose Jesus Leyva-Estrada, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen proceedings based on ineffective assistance of counsel. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review Leyva-Estrada’s contention that the BIA denied him a full and fair hearing, because he failed to adequately raise this issue before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (court lacks jurisdiction to review claims that could have been, but were not, exhausted in administrative proceedings).

*337 Leyva-Estrada’s contention that the BIA’s application of the reopening regulations deprived him of due process is not a colorable due process claim. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005) (“[T]raditional abuse of discretion challenges recast as alleged due process violations do not constitute color-able constitutional claims that would invoke our…

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