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Rodriguez-Mendez v. Ashcroft

United States Court of Appeals, Ninth Circuit
Aug 28, 2001
17 F. App'x 643 (9th Cir. 2001)

Opinion


17 Fed.Appx. 643 (9th Cir. 2001) Ana Araceli RODRIGUEZ-MENDEZ, Petitioner, v. John ASHCROFT, Attorney General, Respondent. No. 99-71214. INS No. A70-781-407. United States Court of Appeals, Ninth Circuit. August 28, 2001

Submitted August 13, 2001.

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Alien sought judicial review of decision of the Board of Immigration Appeals, which had dismissed her appeal from immigration judge's deportation order. The Court of Appeals held that alien's failure to exhaust administrative remedies deprived it of jurisdiction to review immigration judge's deportation order.

Dismissed.

On Petition for Review of an Order of the Board of Immigration Appeals.

Before HAWKINS, TASHIMA, and GOULD, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

Page 644.

Ana Araceli Rodriguez-Mendez, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals' decision, which dismissed her appeal for lack of jurisdiction because Rodriguez-Mendez waived her right to appeal the Immigration Judge's decision ordering removal. This court lacks jurisdiction to review the order of deportation because Rodriguez-Mendez waived her right of appeal thereby failing to exhaust her administrative remedies. See Joo v. INS, 813 F.2d 211, 212 (9th Cir.1987) (per curiam). We therefore dismiss the petition for review.

Rodriguez-Mendez's motion for stay of removal is denied.

PETITION FOR REVIEW DISMISSED.


Summaries of

Rodriguez-Mendez v. Ashcroft

United States Court of Appeals, Ninth Circuit
Aug 28, 2001
17 F. App'x 643 (9th Cir. 2001)
Case details for

Rodriguez-Mendez v. Ashcroft

Case Details

Full title:Ana Araceli RODRIGUEZ-MENDEZ, Petitioner, v. John ASHCROFT, Attorney…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 28, 2001

Citations

17 F. App'x 643 (9th Cir. 2001)