United States v. 2020-07-20 | 18-72143 | RUI HAN V. WILLIAM BARR | nonprecedential | memorandum disposition |

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RUI ZHEN HAN,

Petitioner,

v.

WILLIAM P. BARR, Attorney General,

Respondent.

No. 18-72143

Agency No. A073-535-011

MEMORANDUM
*

On Petition for Review of an Order of the
Board of Immigration Appeals

Submitted July 14, 2020
**

Before: CANBY, FRIEDLAND, and R. NELSON, Circuit Judges.

Rui Zhen Han, a native and citizen of China, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an
immigration judge’s (“IJ”) decision denying a waiver of removal under
Immigration and Nationality Act (“INA”) § 237(a)(1)(H). We dismiss the petition
for review.

*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.

**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED

JUL 20 2020

MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

2 18-72143
We lack jurisdiction to review the BIA’s discretionary denial of Han’s
237(a)(l)(H) waiver application because she does not present an exhausted
constitutional claim or question of law. See Vasquez v. Holder, 602 F.3d 1003,
1017 (9th Cir. 2010) (while the court lacks jurisdiction to review the discretionary
denial of a 237(a)(1)(H) waiver, it may review constitutional claims or questions of
law). Han failed to exhaust her contentions that the agency made an erroneous
adverse credibility determination and that the agency violated due process by
failing to provide an opportunity to explain inconsistencies in her testimony. See
Agyeman v. INS, 296 F.3d 871, 877 (9th Cir. 2002) (no jurisdiction to entertain due
process claims based on correctable procedural errors unless the petitioner raised
them below).
PETITION FOR REVIEW DISMISSED.