208 F. App'x 584

Francisco Ramos ALANIZ, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 04-75936.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Nov. 15, 2006.*

Filed Nov. 30, 2006.

Jorge I. Rodriguez-Choi, Esq., San Francisco, CA, for Petitioner.

Ronald E. LeFevre, Chief Counsel Office of the District Counsel Department of Homeland Security, San Francisco, CA, Margot L. Nadel, Esq., DOJ-U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Before: CANBY, NOONAN, and PAEZ, Circuit Judges.

MEMORANDUM **

Francisco Ramos, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ decision affirming an immigration judge’s denial of his application for cancellation of removal. Because we lack jurisdiction, we dismiss the petition for review.

*585We lack jurisdiction to consider Ramos’s challenge to the BIA’s discretionary determination that he failed to demonstrate exceptional and extremely unusual hardship to his qualifying children. See 8 U.S.C. § 1252(a)(2)(B)(i); Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir. 2003).

We similarly lack jurisdiction over Ramos’s contention that the IJ denied him due process because the IJ abandoned his role as a neutral fact finder. Ramos did not raise this issue before the BIA and thereby failed to exhaust his administrative remedies. See 8 U.S.C. § 1252(d)(1); Barron v. Ashcroft, 358 F.3d 674, 676-78 (9th Cir.2004).

DISMISSED.

Alaniz v. Gonzales
208 F. App'x 584

Case Details

Name
Alaniz v. Gonzales
Decision Date
Nov 30, 2006
Citations

208 F. App'x 584

Jurisdiction
United States

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