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

Berumen-Correa v. Holder

Berumen-Correa v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided November 2, 2010 · O'Scannlain, Tallman, Bea
402 F. App'x 318

Berumen-Correa v. Holder

Opinion

MEMORANDUM **

Jose Dolores Berumen-Correa, a native and citizen of Mexico, petitions for review of a Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) removal order. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo constitutional claims, Khan v. Holder, 584 F.3d 773, 776 (9th Cir. 2009), and we deny in part and dismiss in part the petition for review.

Berumen-Correa’s equal protection and due process retroactivity challenges to the IJ’s denial of section 212(c) relief are foreclosed by Abebe v. Mukasey, 554 F.3d 1203, 1207, 1208 n. 7 (9th Cir. 2009) (en banc).

We lack jurisdiction to consider Beru-men-Correa’s remaining contentions because he failed to exhaust them before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004); Zara v. Ashcroft, 383 F.3d 927, 931 (9th Cir. 2004) (the exhaustion requirement applies to “streamlined” cases).

PETITION FOR REVIEW DENIED in part, DISMISSED in part.

**

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

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