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389 F. App'x 674

Dominguez-Sanchez v. Holder

U.S. Courts of Appeals

Decided July 26, 2010

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U.S. Courts of Appeals · decided 2010-07-26

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

Relies on Iturribarria v. Immigration & Naturalization Service · Lolong v. Gonzales

Decided 2010-07-26

¶1 MEMORANDUM …

¶2 Nelson Dominguez-Sanchez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) deci *675 sion pretermitting his application for Temporary Protected Status. We have jurisdiction under 8 U.S.C. § 1252. We review de novo constitutional and legal questions, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003), and we deny the petition for review.

¶3 We reject Dominguez-Sanchez’s contention that the BIA improperly entered a removal order in the first instance. See Lolong v. Gonzales, 484 F.3d 1173, 1178 & n. 2 (9th Cir.2007) (en banc) (“[WJhere the BIA reverses an IJ’s grant of relief that, by definition, follows an initial determination by the IJ that the alien is in fact removable, an order of deportation has already been properly entered by the IJ.”).

¶4 We also reject Dominguez-Sanchez’s contention that the IJ violated his statutory and constitutional right to counsel by issuing a written decision granting him the only form of relief for which he was eligible.

¶5 PETITION FOR REVIEW DENIED.

…

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

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