FILED
NOT FOR PUBLICATION OCT 26 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
URIEL RAFAEL RAMIREZ-SOSA, No. 08-72739
Petitioner, Agency No. A029-555-568
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 19, 2010 **
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Uriel Rafael Ramirez-Sosa, a native and citizen of Nicaragua, petitions pro
se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his
appeal from an immigration judge’s (“IJ”) decision denying his application for
cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
review de novo claims of constitutional violations in immigration proceedings, see
Ram v. INS, 243 F.3d 510, 516 (9th Cir. 2001), and we deny in part and dismiss in
part the petition for review.
Ramirez-Sosa contends the IJ violated due process by not providing him
with a copy of the 1991 order granting him suspension of deportation. Contrary to
Ramirez-Sosa’s contention, the proceedings were not “so fundamentally unfair that
[he] was prevented from reasonably presenting his case.” Colmenar v. INS, 210
F.3d 967, 971 (9th Cir. 2000) (citation omitted). Moreover, Ramirez-Sosa failed to
demonstrate that correcting the IJ’s alleged error may have affected the outcome of
the proceedings. See id. (requiring prejudice to prevail on a due process
challenge).
We lack jurisdiction to review Ramirez-Sosa’s challenge to his charge of
removability because he failed to raise that issue before the BIA and thereby failed
to exhaust his administrative remedies. See Barron v. Ashcroft, 358 F.3d 674, 678
(9th Cir. 2004).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 08-72739