Severiano Soto Enriquez, Petitioner, v. Immigration and Naturalization Service, Respondent, 131 F.3d 146 (9th Cir. 1997)

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U.S. Court of Appeals for the Ninth Circuit - 131 F.3d 146 (9th Cir. 1997)

Submitted Nov. 17, 1997**Decided Nov. 20, 1997

On Petition for Review of an Order of the Board of Immigration Appeals, Ins. No. A73-942-830

Before HUG, Chief Judge, PREGERSON and BEEZER, Circuit Judges.


Severiano Soto Enriquez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' ("BIA") decision dismissing Enriquez's appeal from the Immigration Judge's ("IJ") ruling that Enriquez abandoned his application for suspension of deportation under 8 U.S.C. § 1254(a). We have jurisdiction under 8 U.S.C. § 1105a(a), and we deny the petition for review.

Enriquez contends that the IJ abused its discretion by failing to grant a continuance of the deportation proceeding and finding that he abandoned his claim. Because Enriquez failed to raise these issues before the BIA, we lack jurisdiction to consider them. See Rashtabadi v. INS, 23 F.3d 1562, 1567 (9th Cir. 1974).



The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a); 9th Cir. R. 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3