UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1111
OSCAR BALBUENA TORRES; YOLANDA BALBUENA,
Petitioners,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A95-909-542; A95-909-526)
Submitted: January 17, 2007 Decided: June 11, 2007
Before WILLIAMS and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition dismissed by unpublished per curiam opinion.
Ivan Yacub, LAW OFFICE OF IVAN YACUB, Falls Church, Virginia, for
Petitioner. Peter D. Keisler, Assistant Attorney General, Michelle
G. Latour, Assistant Director, Michele Y. F. Sarko, OFFICE OF
IMMIGRATION LITIGATION, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Oscar Balbuena Torres and his wife, Yolanda Balbuena,
both natives and citizens of Mexico, petition for review of an
order of the Board of Immigration Appeals (Board) affirming without
opinion the Immigration Judge’s (IJ) order denying Balbuena
Torres’s application for adjustment of status.
Balbuena Torres concedes that pursuant to 8 C.F.R.
§ 1245.10(j) (2006), he is barred from eligibility for adjustment
of status under 8 U.S.C.A. § 1255(i) (West 2005), because he was
substituted as a beneficiary of the relevant labor certification
after April 30, 2001. He contends, however, that the regulation in
question should be invalidated as contrary to the statute, which he
asserts is employment based and should be read in the light most
favorable to the alien. Because Balbuena Torres did not raise
these specific claims before the Board on appeal from the decision
of the IJ, we find that we are without jurisdiction to review them
due to failure to exhaust administrative remedies. See 8 U.S.C.
§ 1252(d)(1) (2000).
Accordingly, we dismiss the petition for review for lack
of jurisdiction. We dispense with oral argument because the facts
and legal contentions are adequately presented in the materials
before the court and argument would not aid the decisional process.
PETITION DISMISSED
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