United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 22, 2006
Charles R. Fulbruge III
Clerk
No. 05-60483
Summary Calendar
EUI SOO JUNG,
Petitioner,
versus
ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL,
Respondent.
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Petition for Review of an Order of
the Board of Immigration Appeals
No. A78 918 208
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Before SMITH, GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Eui Soo Jung has filed a petition for review of an order of
the Board of Immigration Appeals (“BIA”) summarily dismissing his
appeal as barred by his waiver of appeal before the immigration
judge (“IJ”). Because it is plain on the record that Jung waived
his right to appeal, the BIA was authorized to dismiss his appeal
summarily without further briefing. 8 C.F.R. § 1003.1(d)(2)(i)(G),
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 05-60483
-2-
(e)(3). The BIA’s finding that Jung made no argument in his notice
of appeal challenging that waiver is conclusive, because no rea-
sonable adjudicator would be compelled to conclude to the contrary.
See id. 8 U.S.C. § 1252(b)(4)(B).
Because Jung did not raise, before the BIA, a challenge to the
validity of his appeal waiver, he failed to exhaust his administra-
tive remedies. Accordingly, this court is precluded from reviewing
his argument that the appeal waiver was not made knowingly and in-
telligently. See § 1252(d)(1). Similarly, we will not address
Jung’s argument, not raised before the BIA, that he was denied due
process before the IJ because he did not have representation by
counsel.
The petition for review is DENIED. Jung’s motion for stay of
removal pending resolution of the petition for review is DENIED.