Urbano Sierra-Pena v. JOHN ASHCROFT, Attorney General of the United States On

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 02-4072
URBANO SIERRA-PENA,
Petitioner
v.
JOHN ASHCROFT, Attorney General of
the United States
On Petition for Review of a Decision and
Order of the Board of Immigration Appeals
(INS No. A70-851-071)
Submitted United Third Circuit LAR 34.1(a)
September 9, 2003
BEFORE: BARRY, BECKER, and GREENBERG, Circuit Judges
OPINION
(Filed: September 17, 2003)
GREENBERG, Circuit Judge.
This matter comes on before this court on Urbano Sierra-Pena’s petition for
review of a final order of deportation issued by the Board of Immigration Appeals on
October 4, 2002. The decision and order of the BIA affirmed a decision and order of an

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immigration judge of September 15, 1999, finding Sierra-Pena deportable but statutorily
eligible for an adjustment of status though denying his application for the adjustment as a
matter of discretion. In addition, the immigration judge allowed Sierra-Pena the right of
voluntary departure. In these proceedings Sierra-Pena challenges the impartiality of the
immigration judge and the denial of the adjustment of his status.
We will dismiss the petition for lack of jurisdiction for the following reasons.
First, although we have some concern regarding the proceedings before the immigration
judge and understand the reason that Sierra-Pena has raised the bias issue, nevertheless,
we do not have jurisdiction to review the claim of bias inasmuch as Sierra-Pena did not
raise it before the BIA. See former INA § 106(c), 8 U.S.C. § 1105a(c); INA § 242(d)(1),
8 U.S.C. § 1252(d)(1); Bak v. United States INS, 682 F.2d 441, 442-43 (3d Cir. 1982)
(per curiam); Jacobe v. INS, 578 F.2d 42, 44 (3d Cir. 1978); Cisternas-Estay v. INS, 531
F.2d 155, 160 (3d Cir. 1976). Second, we do not have jurisdiction to review the denial of
the adjustment of status. See Mendez-Moranchel v. Ashcroft, 338 F.3d 176 (3d Cir.
2003).
The petition for review will be dismissed.
TO THE CLERK:
Please file the foregoing not precedential opinion.
/s/ Morton I. Greenberg
Circuit Judge

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