No. 09-60488 Summary Calendar.United States Court of Appeals, Fifth Circuit.
October 7, 2010.
Zhijun Liu, Esq., American Law Groups, P.L.L.C., New York, NY, for Petitioner.
Craig Alan Newell, Jr., Trial Attorney, John Beadle Holt, Esq., Trial Attorney, Luis Enrique Perez, Senior Litigation Counsel, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent.
Petition for Review of an Order of the Board of Immigration Appeals, BIA No. A097-242-160.
Before HIGGINBOTHAM, BENAVIDES, and ELROD, Circuit Judges.
PER CURIAM:[*]
Perpetua Ramiro Pagallaman is a native and citizen of the Philippines. She petitions this court to review the decision of the Board of Immigration Appeals (BIA), dismissing her appeal from the decision of the Immigration Judge (IJ) 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 removable and not eligible for cancellation of removal by failing to challenge this determination in her petition for review. See Soadjede v. Ashcroft 324 F.3d 830, 833 (5th Cir. 2003). Further, this court lacks jurisdiction to review Pagallaman’s claims that her procedural due process rights were violated because she failed to present the claims to the BIA. See 8 U.S.C. § 1252(d)(1); Roy v. Ashcroft, 389 F.3d 132, 137 (5th Cir. 2004).
Accordingly, the petition for review is DISMISSED FOR LACK OF JURISDICTION IN PART and DENIED IN PART.