J. Magana Marquez v. Eric H. Holder Jr. , 358 F. App'x 852 ( 2009 )

FILED
NOT FOR PUBLICATION NOV 30 2009
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T O F AP PE ALS
FOR THE NINTH CIRCUIT
J. GUADALUPE MAGANA MARQUEZ, No. 08-72340
Petitioner, Agency No. A035-986-883
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009 **
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
J. Guadalupe Magana Marquez, 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 removal order. Our jurisdiction is governed by 8
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
CG/Research
U.S.C. § 1252. We review de novo questions of law, Barron v. Ashcroft, 358 F.3d
674, 677 (9th Cir. 2004), and we dismiss in part and deny in part the petition for
review.
Because Magana Marquez failed to demonstrate a gross miscarriage of
justice, he may not at this point collaterally attack his 1997 deportation order. See
Ramirez-Juarez v. INS, 633 F.2d 174, 175-76 (9th Cir. 1980) (per curiam).
The BIA properly concluded that Magana Marquez is not eligible for a
waiver under § 212(c) of the Immigration and Nationality Act because he is no
longer a legal permanent resident. See 8 C.F.R. § 1212.3(f)(1).
Magana Marquez failed to exhaust his remaining contentions. See Barron,
358 F.3d at 678 (this court lacks jurisdiction to review contentions not raised
before the agency).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
CG/Research 2 08-72340