Ramirez-Llamas

Ramirez-Llamas v. Mukasey

Good Law
275 F. App'x 692
United States Court of Appeals for the Ninth CircuitApril 28, 2008Nos. 03-71269, 05-74891California331 words

Opinion

Lead Opinion

MEMORANDUM **

Gonzalo Ramirez-Llamas, a native and citizen of Mexico, petitions for review of two orders of the Board of Immigration Appeals (“BIA”) denying successive mo *693 tions to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the BIA’s denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005). We deny in part and dismiss in part the petition in No. 03-71269, and deny the petition in No. 05-74891.

In No. 03-71269, the BIA did not abuse its discretion denying reopening on the ground that Ramirez-Llamas is statutorily ineligible for adjustment of status. See 8 U.S.C. § 1229c(d)(l)(B) (alien who fails to abide by grant of voluntary departure shall be ineligible for adjustment of status for 10 years); see also de Martinez v. Ashcroft, 374 F.3d 759, 763 (9th Cir.2004) (motion to reopen for adjustment of status properly denied where petitioner filed after expiration of voluntary departure period).

We lack jurisdiction to review Ramirez-Llamas’ contention regarding administrative closure because he failed to raise that issue before the BIA and thereby failed to exhaust his administrative remedies. See Barron…

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