Vega-Sanchez v. Ashcroft
Vega-Sanchez v. Ashcroft
Opinion of the Court
MEMORANDUM
Hector Guillermo Vega-Sanchez, a native and citizen of Mexico, petitions pro se
The BIA did not abuse its discretion in refusing to reopen Vega-Sanchez’s case because it correctly determined that Vega-Sanchez failed to establish the threshold statutory requirement of ten years continuous physical presence to qualify for cancellation of removal. See Ontiveros-Lopez v. INS, 213 F.3d 1121, 1124 (9th Cir. 2000). Similarly, contrary to Vega-Sanchez’s contention, the format and content of the BIA’s order did not violate his due process rights because, despite its brevity, the BIA’s opinion addressed the issues Vega-Sanchez raised on appeal and sufficiently detailed the reasons for denial. See Marcu v. INS, 147 F.3d 1078, 1082 (9th Cir. 1998) (“all that is necessary is a decision that sets out terms sufficient to enable us as a reviewing court to see that the Board has heard, considered, and decided.”) (citation omitted).
We lack jurisdiction to review Vega-Sanchez’s ineffective assistance of counsel claim, or his claim that the immigration judge denied him a full and fair hearing, because he did not raise these issues before the BIA. See Liu v. Waters, 55 F.3d 421, 424-25 (9th Cir. 1995); Sanchez-Cruz v. INS, 255 F.3d 775, 779-780 (9th Cir. 2001).
PETITION FOR REVIEW DENIED in part, DISMISSED in part.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.