Perpetua Pagallaman v. Eric Holder, Jr.

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UNPUBLISHED OPINION FILED. [09-60488 Affirmed in Part, and Dismissed in Part for Lack of Jurisdiction.] Judge: PEH, Judge: FPB , Judge: JWE. Mandate pull date is 11/29/2010 [09-60488]

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Perpetua Pagallaman v. Eric Holder, Jr. Doc. 0 Case: 09-60488 Document: 00511257315 Page: 1 Date Filed: 10/07/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED N o . 09-60488 S u m m a r y Calendar October 7, 2010 Lyle W. Cayce Clerk P E R P E T U A RAMIRO PAGALLAMAN, also known as Petty Pagallaman, P e titio n e r v. E R I C H. HOLDER, JR., U. S. ATTORNEY GENERAL, R espon dent P e tit io n for Review of an Order of the B o a r d of Immigration Appeals B I A No. A097-242-160 B e fo r e HIGGINBOTHAM, BENAVIDES, and ELROD, Circuit Judges. P E R CURIAM:* P e r p e t u a Ramiro Pagallaman is a native and citizen of the Philippines. She petitions this court to review the decision of the Board of Immigration A p p e a ls (BIA), dismissing her appeal from the decision of the Immigration Judge (I J ) that she is removable and not eligible for discretionary relief from removal. Pagallaman has waived any challenge to the IJ's determination that she is r e m o v a b le and not eligible for cancellation of removal by failing to challenge this d e t e r m in a t io n in her petition for review. See Soadjede v. Ashcroft, 324 F.3d 830, Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Dockets.Justia.com Case: 09-60488 Document: 00511257315 Page: 2 No. 09-60488 Date Filed: 10/07/2010 8 3 3 (5th Cir. 2003). Further, this court lacks jurisdiction to review Pagallaman's c la im s that her procedural due process rights were violated because she failed t o present the claims to the BIA. See 8 U.S.C. § 1252(d)(1); Roy v. Ashcroft, 389 F .3 d 132, 137 (5th Cir. 2004). A c c o r d in g ly , the petition for review is DISMISSED FOR LACK OF J U R I S D I C T I O N IN PART and DENIED IN PART. 2

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