Duenas-Duenas

Duenas-Duenas v. Mukasey

Good Law
274 F. App'x 538
United States Court of Appeals for the Ninth CircuitApril 18, 2008No. 05-70706California523 words

Opinion

Lead Opinion

MEMORANDUM *

Elias Duenas-Duenas petitions for review of the Board of Immigration Appeal’s (BIA) order affirming the Immigration Judge’s (IJ) order of removal to Mexico by reason of having committed an aggravated felony. We have jurisdiction under 8 U.S.C. § 1252 , and deny the petition.

*539 I

Duenas-Duenas’s contention that the IJ failed to issue a cognizable decision and order as required by 8 U.S.C. § 1229a(c)(l)(A) and the regulations, 8 C.F.R. §§ 1008.37 (a), 1240.12, 1240.13, is unavailing. Dueñas could have presented his due process challenge to the BIA because the asserted deficiency is one that the BIA could have corrected on appeal, but did not do so. To this extent the issue is not exhausted. 8 U.S.C. § 1252 (d)(1); Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir.2004). To the extent that Duenas-Duenas also argues that we lack jurisdiction on account of the absence of a final order, we disagree. The record reflects that the IJ ordered Duenas-Duenas removed to Mexico based on her written findings. As all issues were disposed of, we have jurisdiction and decline Duenas-Duenas’s request for remand. Finally, Duenas-Duenas suggests that the IJ failed to rule on his motion…

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