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

Abushindi v. Holder

Abushindi v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided December 7, 2009 · Alarcón, Trott, Tashima
355 F. App'x 988

Abushindi v. Holder

Opinion

MEMORANDUM **

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.

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.”).

PETITION FOR REVIEW DISMISSED.

**

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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