Opinion
The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2). The panel referred this case for inclusion in the Mediation Program. Since mediation failed, the clerk is now ordered to file this disposition.
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Walter Rafael Pineda, Esq., Law Offices of Walter Rafael Pineda, San Francisco, CA, for Petitioner.
Regional Counsel, Western Region Immigration & Naturalization Service, Laguna Niguel, CA, Joan E. Smiley, Esq., Richard M. Evans, Esq., DOJ--U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A72-403-485.
Before: GOODWIN, TASHIMA, and FISHER, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Sergio Radilla-Juarez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' ("BIA") decision affirming an immigration judge's ("IJ") order denying his application for cancellation of removal.
Radilla-Juarez contends that due process required the IJ to continue his removal proceedings until after Radilla-Juarez's parents' applications for cancellation of removal were adjudicated. We are without jurisdiction to review this argument because Radilla-Juarez failed to raise it before the BIA and thereby failed to exhaust his administrative remedies. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (noting that due process challenges that are "procedural in nature" must be exhausted).
PETITION FOR REVIEW DISMISSED.