Ramirez-leon v. Holder

FILED NOT FOR PUBLICATION APR 16 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JESUS BALTAZAR RAMIREZ-LEON, No. 07-72765 Petitioner, Agency No. A070-737-439 v. MEMORANDUM * ERIC H. HOLDER Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 5, 2010 ** Before: RYMER, McKEOWN, and PAEZ, Circuit Judges. Jesus Baltazar Ramirez-Leon, 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 adjustment of * 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). IH/Research status. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review de novo questions of law, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir. 2003), and we deny the petition for review. The BIA properly denied Ramirez-Leon’s application for relief because he failed to depart within the voluntary departure period after receiving adequate notice of the penalties for failure to do so. See 8 U.S.C. § 1229c(d)(1)(B) (failure to depart voluntarily within the time period results in a ten-year bar to certain forms of relief, including adjustment of status); De Martinez v. Ashcroft, 374 F.3d 759, 762 (9th Cir. 2004) (BIA’s written notice of the penalties for failure to depart is adequate under 8 U.S.C. § 1229c(d)). Ramirez-Leon’s remaining contentions are not persuasive. PETITION FOR REVIEW DENIED. IH/Research 2 07-72765