United States Ninth Circuit

Petition for review of the BIA's dismissal of an appeal from the IJ's order of removal is dismissed where petitioner's prosecution and conviction in California as an adult precluded the IJ and the BIA from treating his conviction as a juvenile adjudication, thus his 1991 voluntary manslaughter conviction made him removable as an aggravated felon for having committed a crime of violence and the court does not have jurisdiction to review the order of removal. The petition is denied where petitioner could not show prejudice from the denial of a continuance to pursue his adjustment of status application, and the IJ did not exclude evidence, preclude testimony, or otherwise prevent Vargas from fully presenting his request for a section 212(c) waiver, and her decision was not based on an improper bias against Vargas or his attorney.

Appellate Information

• Argued 06/04/2007
• Decided 08/03/2007
• Published 08/03/2007

Judges

• CALLAHAN, Circuit Judge:, Before:  CYNTHIA HOLCOMB HALL and CONSUELO M. CALLAHAN, Circuit Judges, and JAMES L. ROBART, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Louis A. Gordon (argued), Gordon Law Offices, Los Angeles, CA, and Vera Weisz, Law Office of Vera A. Weisz, Los Angeles, CA, for the petitioner.


• For Appellees:
  
• Jennifer Paisner (argued), Assistant Attorney General Peter D. Keisler, Senior Litigation Counsel Julia Doig Wilcox, and Melissa Neiman-Kelting, Office of Immigration Litigation, Washington, D.C., for the respondent.