U.S. Court of Appeals for the Ninth Circuit, 2010

Maldonado Cruz v. Holder

Maldonado Cruz v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided September 1, 2010 · O'Scannlain, Hawkins, Ikuta
394 F. App'x 391

Maldonado Cruz v. Holder

Opinion

MEMORANDUM **

Rodolfo Alejandro Maldonado Cruz, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s (“IJ”) certified decision denying his application for adjustment of status. Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in part and dismiss in part the petition for review.

Contrary to Maldonado Cruz’s contention, the BIA was not required to revisit his removability finding on remand because the IJ found Maldonado Cruz removable at his May 1, 1998, hearing based on his concession of removability and he never challenged that removability finding. See Lolong v. Gonzales, 484 F.3d 1173, 1178 (9th Cir. 2007) (en banc) (finding of removability automatically reinstated upon subsequent denial of relief).

We lack jurisdiction to consider Maldonado Cruz’s voluntary departure claim because he did not exhaust this claim before the BIA. See Barron v. Ashcroft, 358 F.3d *392 674, 677-78 (9th Cir. 2004) (this court lacks jurisdiction to review contentions not raised before the agency).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

**

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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