U.S. Court of Appeals for the Ninth Circuit, 2013

Fausto Jimenez v. Eric Holder, Jr.

Fausto Jimenez v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided October 21, 2013 · Paez, Hurwitz, Erickson
542 F. App'x 660

Fausto Jimenez v. Eric Holder, Jr.

Opinion

MEMORANDUM ***

Fausto Jimenez (“Jimenez”), a native and citizen of Mexico, petitions for review of a final administrative removal order. We dismiss the petition for review in part and deny in it part.

We lack jurisdiction over Jimenez’s claims concerning the Attorney General’s decision to place him in expedited removal, his classification as an aggravated felon, his lawful permanent resident status, and his right to apply for relief from removal. Jimenez failed to exhaust these claims before the Deciding Service Officer, as allowed by 8 C.F.R. § 238.1(c). See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004); 8 U.S.C. § 1252(d)(1) (“A court may review a final order of removal only if ... the alien has exhausted all administrative remedies available to the alien as of right.”).

Although we have jurisdiction to consider Jimenez’s constitutional challenge to the Attorney General’s authority to place him in expedited removal proceedings, 8 U.S.C. § 1228(b), that claim is foreclosed by United States v. Calderon-Segura, 512 F.3d 1104 (9th Cir. 2008).

Jimenez’s motion to file a supplemental brief is denied.

DISMISSED IN PART; DENIED IN PART; MOTION TO FILE SUPPLEMENTAL BRIEF DENIED.

***

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.