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No. 8624840
United States Court of Appeals for the Ninth Circuit
Valencia-Munguia v. Gonzales
No. 8624840 · Decided September 14, 2006
No. 8624840·Ninth Circuit · 2006·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
September 14, 2006
Citation
No. 8624840
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Miguel Valencia Munguia, a native and citizen of Mexico, petitions pro se for review of the decision of the Board of Immigration Appeals (“BIA”) dismissing petitioner’s appeal from the immigration judge’s (“IJ”) denial of his application for cancellation of removal. Munguia contends that the IJ should not have considered his underlying conviction to be a conviction relating to a controlled substance for purposes of removal. See 8 U.S.C. § 1227 (a)(2)(B)(i). However, since petitioner did not exhaust his administrative remedies because he failed to raise the issue in his appeal to the BIA, we lack jurisdiction to consider the argument. Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir .2004). 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 ** Miguel Valencia Munguia, a native and citizen of Mexico, petitions pro se for review of the decision of the Board of Immigration Appeals (“BIA”) dismissing petitioner’s appeal from the immigration judge’s (“IJ”) denial of his
Key Points
01MEMORANDUM ** Miguel Valencia Munguia, a native and citizen of Mexico, petitions pro se for review of the decision of the Board of Immigration Appeals (“BIA”) dismissing petitioner’s appeal from the immigration judge’s (“IJ”) denial of his
02Munguia contends that the IJ should not have considered his underlying conviction to be a conviction relating to a controlled substance for purposes of removal.
03However, since petitioner did not exhaust his administrative remedies because he failed to raise the issue in his appeal to the BIA, we lack jurisdiction to consider the argument.
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 ** Miguel Valencia Munguia, a native and citizen of Mexico, petitions pro se for review of the decision of the Board of Immigration Appeals (“BIA”) dismissing petitioner’s appeal from the immigration judge’s (“IJ”) denial of his
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This case was decided on September 14, 2006.
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