Da Silva v. Mukasey

MEMORANDUM ***

Natalino Luis Da Silva, a native and citizen of Portugal and lawful permanent resident of the United States, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) decision denying his motion to terminate removal proceedings and finding him removable for participating in alien smuggling. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review findings of fact for substantial evidence, Moran v. Ashcroft, 395 F.3d 1089, 1091 (9th Cir.2005), and we review de novo questions of law, Narayan v. Ashcroft, 384 F.3d 1065, 1068 (9th Cir.2004). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review Da Silva’s contention that the IJ erred and violated his due process rights by refusing to continue the case to allow transcripts of the witnesses’ sworn statements to be admitted, because Da Silva failed to join the government’s motion for a continuance or to challenge the IJ’s denial of the government’s motion either at the hearing or before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (noting that due process challenges that are…