Ovalles

Ovalles v. Mukasey

Good Law
285 F. App'x 355
United States Court of Appeals for the Ninth CircuitJuly 7, 2008No. 04-74730California371 words

Opinion

Lead Opinion

MEMORANDUM **

Manuel Ovalles, Maria Esther Navarrete-Fonseea, and their daughter, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) orders dismissing their appeals from an immigration judge’s (“IJ”) decision denying their applications for cancellation of removal, and the former Legalization Appeals Unit’s (“LAU”) orders dismissing Ovalles’ and Navarrete-Fonseca’s appeals from the denial of their Special Agricultural Worker (“SAW”) applications. Our jurisdiction to review the denial of a cancellation application is governed by 8 U.S.C. § 1252 . We have jurisdiction to review the denial of a SAW application pursuant to 8 U.S.C. § 1160 (e)(3). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review petitioners’ contentions that the IJ violated *357 their procedural due process rights by taking their initial pleadings without counsel and refusing a continuance because they did not exhaust these arguments before the BIA. See Barron v. Ashcroft, 858 F.3d 674, 678 (9th Cir.2004) (the court generally lacks jurisdiction to review issues not raised before the BIA).

A decision of the LAU is conclusive…

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.