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No. 8625744
United States Court of Appeals for the Ninth Circuit
Santos v. Gonzales
No. 8625744 · Decided November 9, 2006
No. 8625744·Ninth Circuit · 2006·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
November 9, 2006
Citation
No. 8625744
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Rodrigo Hernandez Santos, 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 decision denying his application for cancellation of removal. We dismiss the petition for review. We lack jurisdiction to consider Santos’s due process contentions regarding alleged notario fraud and regarding the BIA’s rejection of his motion to accept a late brief, because he did not make an ineffective assistance of counsel claim and did not exhaust these claims before the agency. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004). We also lack jurisdiction to consider the agency’s determination that Santos failed to establish the requisite period of continuous physical presence because he did not exhaust. See id. 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 ** Rodrigo Hernandez Santos, 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 decision denying his application for cancellat
Key Points
01MEMORANDUM ** Rodrigo Hernandez Santos, 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 decision denying his application for cancellat
02We lack jurisdiction to consider Santos’s due process contentions regarding alleged notario fraud and regarding the BIA’s rejection of his motion to accept a late brief, because he did not make an ineffective assistance of counsel claim and
03We also lack jurisdiction to consider the agency’s determination that Santos failed to establish the requisite period of continuous physical presence because he did not exhaust.
04This 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.
Frequently Asked Questions
MEMORANDUM ** Rodrigo Hernandez Santos, 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 decision denying his application for cancellat
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This case was decided on November 9, 2006.
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