123 F. App'x 299

Kulwinder SINGH, Petitioner, v. Alberto GONZALES,* Attorney General, Respondent.

No. 03-72676.

Agency No. [ AXX-XXX-XXX ].

United States Court of Appeals, Ninth Circuit.

Submitted Feb. 16, 2005.**

Decided Feb. 18, 2005.

Hardeep S. Rai, George T. Heridis, Rai & Associates, PC, San Francisco, CA, for Petitioner.

Regional Counsel, Western Region Immigration & Naturalization Service, Laguna Niguel, CA, Donald A. Couvillon, DOJ — U.S. Department of Justice, Washington, DC, for Respondent.

Before ALARCÓN, SILER,*** and SILVERMAN, Circuit Judges.

MEMORANDUM ****

Kulwinder Singh, a native and citizen of India, petitions for review of the denial by the Board of Immigration Appeals (BIA) of his motion to reopen removal proceedings. We dismiss the petition for review because Singh failed to exhaust his administrative remedies.

Singh’s wife filed an 1-730 derivative asylee petition for him. Singh then moved the BIA to reopen so that the immigration *300judge could consider his eligibility for derivative asylee status. Now, in this petition for review, Singh argues for the first time that the BIA should have remanded his case to the immigration judge for administrative closure or termination. This was not the relief requested of the BIA in the motion to reopen. Because Singh failed to seek this relief from the BIA, we lack jurisdiction to consider his claim. 8 U.S.C. § 1252(d)(1); Zara v. Ashcroft, 383 F.3d 927, 930 (9th Cir.2004); Rojas-Garcia v. Ashcroft, 339 F.3d 814, 819 (9th Cir.2003).

PETITION FOR REVIEW DISMISSED.

Singh v. Gonzales
123 F. App'x 299

Case Details

Name
Singh v. Gonzales
Decision Date
Feb 18, 2005
Citations

123 F. App'x 299

Jurisdiction
United States

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!