United States Ninth Circuit

In a petition for review of the BIA's order finding petitioner ineligible for relief under section 212(c) of the Immigration and Nationality Act, the petition is denied where: 1) petitioner failed to assert his challenge to the Immigration Judge's authority in his appeal to the BIA; and 2) because petitioner was erroneously admitted for permanent residence, he was not lawfully admitted for permanent residence, and thus was ineligible for section 212(c) relief.

Appellate Information

• Decided 05/26/2010
• Published 05/26/2010

Judges

• Before DIARMUID F. O'SCANNLAIN and RICHARD C. TALLMAN, Circuit Judges, and FREDERIC BLOCK, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jeremy M. Clason, Yarra, Kharazi & Associates, Fresno, CA, for petitioner Rogelio Avalos Segura.


• For Appellees:
  
• Jessica Segall, Office of Immigration Litigation, Washington, D.C .; Tony West, Assistant Attorney General, Civil Division; Leslie McKay, Assistant Director, Office of Immigration Litigation, for respondent Attorney General Holder.