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316 F. App'x 360

Ornelas v. Holder

U.S. Courts of Appeals

Decided March 23, 2009

U.S. Courts of Appeals · decided 2009-03-23

Applies 8 U.S.C. § 1229B (§ 240a of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Soadjede v. Ashcroft · Kuang-Te Wang v. Ashcroft

Decided 2009-03-23

PER CURIAM: *

¶1 Having conceded that he is removable, Marco Antonio Ornelas, a native and citizen of Mexico, has, pro se, filed a petition for review of the Board of Immigration Appeals’ (BIA) affirmance of an Immigration Judge’s determination that Ornelas is ineligible for cancellation of removal under 8 U.S.C. § 1229b(b)(l)(C). Ornelas has waived any challenge to this determination by failing to address it in his brief. E.g., Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir.2003). We lack jurisdiction to consider Ornelas’ contention that he is a battered spouse, eligible for relief from removal under 8 U.S.C. § 1229b(b)(2), because he failed to exhaust his administrative remedies by raising this issue before the BIA. Wang v. Ashcroft, 260 F.3d 448, 452-53 (5th Cir.2001); see 8 U.S.C. § 1252(d)(1).

¶2 Accordingly, the petition for review is DENIED.

*

¶3 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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