Nelson Dominguez-Sanchez 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 concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
NELSON DOMINGUEZ-SANCHEZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-70214
Agency No. A094-337-950
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 29, 2010**
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Nelson Dominguez-Sanchez, a native and citizen of El Salvador, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his
appeal from an immigration judge’s (“IJ”) decision pretermitting his application
for Temporary Protected Status. We have jurisdiction under 8 U.S.C. § 1252. We
FILED
JUL 26 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

08-70214 2
review de novo constitutional and legal questions, Iturribarria v. INS, 321 F.3d
889, 894 (9th Cir. 2003), and we deny the petition for review.
We reject Dominguez-Sanchez’s contention that the BIA improperly entered
a removal order in the first instance. See Lolong v. Gonzales, 484 F.3d 1173, 1178
& n.2 (9th Cir. 2007) (en banc) (“[W]here the BIA reverses an IJ’s grant of relief
that, by definition, follows an initial determination by the IJ that the alien is in fact
removable, an order of deportation has already been properly entered by the IJ.”).
We also reject Dominguez-Sanchez’s contention that the IJ violated his
statutory and constitutional right to counsel by issuing a written decision granting
him the only form of relief for which he was eligible.
PETITION FOR REVIEW DENIED.

-- 2 of 2 --