Luna

Luna v. Mukasey

Good Law
281 F. App'x 756
United States Court of Appeals for the Ninth CircuitJune 9, 2008No. 06-71187California403 words

Opinion

Lead Opinion

ORDER OF DISMISSAL *

Marisol Mancera Luna filed this timely petition for review after the Board of Immigration Appeals (BIA) affirmed the Im *757 migration Judge’s (IJ) denial of her application for cancellation of removal. The facts are known to the parties and will not be repeated here. We dismiss the petition for review for lack of jurisdiction.

We may review a final order of removal only if “the alien has exhausted all administrative remedies available to the alien as of right.” 8 U.S.C. § 1252 (d)(1). An alien’s failure to raise an issue to the BIA generally constitutes failure to exhaust, depriving this court of jurisdiction to consider the issue. Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004). An alien “cannot satisfy the exhaustion requirement by making a general challenge to the IJ’s decision, but, rather, must specify which issues form the basis of the appeal.” Zara v. Ashcroft, 383 F.3d 927, 930 (9th Cir.2004). However, claims may be exhausted even if the alien does not use precise legal language so long as the alien provides the BIA with “sufficient reason to be aware of, and opportunity to review” her claim. Ladha v. INS, 215 F.3d 889 , 901 n. 13 (9th…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.