U.S. Court of Appeals for the Fifth Circuit, 2009

Ornelas v. Holder

Ornelas v. Holder
U.S. Court of Appeals for the Fifth Circuit · Decided March 23, 2009 · Higginbotham, Barksdale, Haynes
316 F. App'x 360

Ornelas v. Holder

Opinion

PER CURIAM: *

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).

Accordingly, the petition for review is DENIED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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