United States Ninth Circuit

Any alleged due process error correctable by the BIA is not reviewable on appeal if remedies were not exhausted in the agency's tribunal. Plaintiff's procedural due process claims, challenging the IJ's decision not to grant a continuance or issue a subpoena, are dismissed for lack of jurisdiction because he failed to raise them before the BIA.

Appellate Information

• Decided 02/23/2004
• Published 02/23/2004

Judges

• GOULD, Circuit Judge:, Before D.W. NELSON, FISHER, and GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Timothy M. Greene, Puyallup, WA, for the petitioner.


• For Appellees:
  
• Patricia L. Buchanan, U.S. Department of Justice, Civil Division, Washington, D.C., for the respondent.