Opinion
No. 06-70864.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed December 7, 2009.
Michael Franquinha, Aguirre Law Group APC, Phoenix, AZ, for Petitioner.
District Counsel, Esquire, Office of the District Director U.S. Department of Homeland Security, Phoenix, AZ, Edward C. Durant, DOJ — U.S. Department of Justice, Washington, DC, Ronald E. Lefevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, for Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A029-228-877.
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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.").