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Ruedas v. Garland

United States Court of Appeals, Ninth Circuit
Mar 15, 2022
No. 15-73474 (9th Cir. Mar. 15, 2022)

Opinion

15-73474

03-15-2022

JORGE ADRIAN PORTUGAL RUEDAS, AKA Jorge Portugal, AKA Jorge Adrian Portugal, Petitioner, v. MERRICK B. GARLAND, Attorney General, Respondent.


NOT FOR PUBLICATION

Submitted March 11, 2022

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A095-659-944

Before: BERZON, TALLMAN, and FRIEDLAND, Circuit Judges.

MEMORANDUM

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

Jorge Adrian Portugal Ruedas ("Portugal Ruedas"), a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals ("BIA") affirming the denial by the immigration judge ("IJ") of Portugal Ruedas's applications for cancellation of removal and for asylum, withholding of removal, and protection under the Convention Against Torture. We dismiss the petition for lack of jurisdiction.

Portugal Ruedas argues that the IJ's analysis of his eligibility for relief was inadequate and deprived him of due process, and that the BIA erred in summarily affirming the IJ's decision. But Portugal Ruedas did not raise any specific challenges to the IJ's decision before the BIA. He filed a notice of appeal that contained no argument or even any list of issues, and he filed no subsequent brief. He has therefore failed to exhaust his administrative remedies, and we lack jurisdiction to review his final order of removal. See 8 U.S.C. § 1252(d)(1); Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (holding that § 1252(d)(1) bars us from reaching the merits of an unexhausted procedural due process claim).

PETITION DISMISSED.


Summaries of

Ruedas v. Garland

United States Court of Appeals, Ninth Circuit
Mar 15, 2022
No. 15-73474 (9th Cir. Mar. 15, 2022)
Case details for

Ruedas v. Garland

Case Details

Full title:JORGE ADRIAN PORTUGAL RUEDAS, AKA Jorge Portugal, AKA Jorge Adrian…

Court:United States Court of Appeals, Ninth Circuit

Date published: Mar 15, 2022

Citations

No. 15-73474 (9th Cir. Mar. 15, 2022)