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No. 8623638
United States Court of Appeals for the Ninth Circuit
Gallegos-Rosales v. Gonzales
No. 8623638 · Decided July 31, 2006
No. 8623638·Ninth Circuit · 2006·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
July 31, 2006
Citation
No. 8623638
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Samuel Gallegos-Rosales, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision de *450 nying his application for cancellation of removal. We dismiss the petition for review for lack of jurisdiction. We lack jurisdiction to review the contention that the IJ violated due process by not allowing a witness to testify because Gallegos-Rosales failed to raise this issue before the BIA. 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). We do not consider the challenge to the IJ’s moral character finding because Gallegos-Rosales’s failure to establish hardship is dispositive. PETITION FOR REVIEW DISMISSED. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Samuel Gallegos-Rosales, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision de *450 nying his application f
Key Points
01MEMORANDUM ** Samuel Gallegos-Rosales, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision de *450 nying his application f
02We dismiss the petition for review for lack of jurisdiction.
03We lack jurisdiction to review the contention that the IJ violated due process by not allowing a witness to testify because Gallegos-Rosales failed to raise this issue before the BIA.
04Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (noting that due process challenges that are “procedural in nature” must be exhausted).
Frequently Asked Questions
MEMORANDUM ** Samuel Gallegos-Rosales, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision de *450 nying his application f
FlawCheck shows no negative treatment for Gallegos-Rosales v. Gonzales in the current circuit citation data.
This case was decided on July 31, 2006.
Use the citation No. 8623638 and verify it against the official reporter before filing.