Hussein Abushindi v. ERIC H. HOLDER Jr., Attorney General

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).
LA/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
HUSSEIN ABUSHINDI,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 06-70864
Agency No. A029-228-877
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Hussein Abushindi, a native and citizen of Jordan, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
FILED
DEC 07 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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LA/Research 06-70864 2
immigration judge’s decision denying his application for adjustment of status. Our
jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petition for review.
We lack jurisdiction to review Abushindi’s contention that the BIA acted
ultra vires in its July 16, 2003 order because Abushindi failed to raise that issue
before the BIA in his appeal of right and thereby failed to exhaust his
administrative remedies. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.
2004); see also Agyeman v. INS, 296 F.3d 871, 877 (9th Cir. 2002) (“[W]e may not
entertain due process claims based on correctable procedural errors unless the alien
raised them below.”).
PETITION FOR REVIEW DISMISSED.

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