Lopez-Medina

Lopez-Medina v. Mukasey

Good Law
280 F. App'x 620
United States Court of Appeals for the Ninth CircuitMay 28, 2008Nos. 04-73430, 04-76068California298 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated petitions, Roberto Lopez-Medina, a native and citizen of Mexico, seeks review of the Board of Immigration Appeals’ (“BIA”) orders dismissing his appeal from an immigration judge’s (“IJ”) decision denying his applications for adjustment of status and cancellation of removal (No. 04-73430), and denying his motion to reopen and reconsider (No. 04-76068). We have jurisdiction under 8 U.S.C. § 1252 . We grant the petition for review in No. 04-73430, and we dismiss as moot the petition for review in No. 04-76068.

Lopez-Medina contends that the IJ violated his due process rights by discounting his attorney’s objection to the August 2, 1999 Form 1-213 record of deportable/inadmissible alien, and by admitting it into evidence. Although Lopez-Medina raised these claims in his Notice of Appeal to the BIA, the BIA failed to address them. See Montes-Lopez v. Gonzales, 486 F.3d 1163, 1165 (9th Cir.2007) (“[t]he BIA errs when it fails on appeal to consider and decide claims that the IJ proceedings suffered from procedural irregularity.”). We therefore remand for further proceedings. See id.

The IJ denied Lopez-Medina’s application for cancellation of…

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