Ruiz Perez v. Holder

U.S. Court of Appeals for the Ninth Circuit
Ruiz Perez v. Holder, 361 F. App'x 734 (9th Cir. 2009)
Goodwin, Wallace, Fisher

Ruiz Perez v. Holder

Opinion

MEMORANDUM **

Silviano Ruiz Perez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) order denying his application for adjustment of status and waiver under 8 U.S.C. § 1182(i). We dismiss the petition for review.

We generally lack jurisdiction by statute to review the agency’s discretionary decision to deny a waiver under 8 U.S.C. § 1182®. See 8 U.S.C. § 1182(i)(2) (“No court shall have jurisdiction to review a decision on action of the Attorney General regarding a waiver under paragraph 1”). Ruiz Perez’s due process challenge does not amount to a colorable constitutional claim that would invoke our jurisdiction. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005).

We also lack jurisdiction to review Ruiz Perez’s contention of IJ bias because he failed to raise that issue before the BIA and thereby failed to exhaust his administrative remedies. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (explaining that this court lacks jurisdiction to review contentions not raised before the agency).

PETITION FOR REVIEW DISMISSED.

**

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

Reference

Full Case Name
Silviano RUIZ PEREZ, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent
Status
Unpublished