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355 F. App'x 988

Abushindi v. Holder

U.S. Courts of Appeals

Decided December 7, 2009

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U.S. Courts of Appeals · decided 2009-12-07

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

Relies on Barron v. Ashcroft · Agyeman v. Immigration & Naturalization Service

Decided 2009-12-07

¶1 MEMORANDUM

¶2 Hussein Abushindi, a native and citizen of Jordan, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for adjustment of status. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petition for review.

¶3 We lack jurisdiction to review Abushindi’s contention that the BIA acted ultra vires in its July 16, 2003 order because Abushindi failed to raise that issue before the BIA in his appeal of right and thereby failed to exhaust his administrative remedies. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004); see also Agyeman v. INS, 296 F.3d 871, 877 (9th Cir.2002) (“[W]e may not entertain due process claims based on correctable procedural errors unless the alien raised them below.”).

¶4 PETITION FOR REVIEW DISMISSED.

¶5 This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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