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No. 8648468
United States Court of Appeals for the Ninth Circuit
Figueroa-Garcia v. Mukasey
No. 8648468 · Decided March 13, 2008
No. 8648468·Ninth Circuit · 2008·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
March 13, 2008
Citation
No. 8648468
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Irma Yolanda Figueroa-Garcia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen exclusion proceedings based on ineffective assistance of current counsel. We dismiss the petition for review. We lack jurisdiction to consider Figueroa-Garcia’s challenge to the BIA’s decision not to invoke its sua sponte reopening authority. See Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir.2002). We also lack jurisdiction to consider Figueroa-Garcia’s equitable tolling claim because she failed to exhaust the claim before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (court lacks jurisdiction to review contentions not raised before the agency). PETITION FOR REVIEW DISMISSED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Irma Yolanda Figueroa-Garcia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen exclusion proceedings based on ineffective assistance of curren
Key Points
01MEMORANDUM ** Irma Yolanda Figueroa-Garcia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen exclusion proceedings based on ineffective assistance of curren
02We lack jurisdiction to consider Figueroa-Garcia’s challenge to the BIA’s decision not to invoke its sua sponte reopening authority.
03We also lack jurisdiction to consider Figueroa-Garcia’s equitable tolling claim because she failed to exhaust the claim before the BIA.
04Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (court lacks jurisdiction to review contentions not raised before the agency).
Frequently Asked Questions
MEMORANDUM ** Irma Yolanda Figueroa-Garcia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen exclusion proceedings based on ineffective assistance of curren
FlawCheck shows no negative treatment for Figueroa-Garcia v. Mukasey in the current circuit citation data.
This case was decided on March 13, 2008.
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