Jameston Lee Yaw v. Eric H. Holder Jr.

430 F. App'x 588

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 28, 2011
• Docket: 08-72971
• Status: Unpublished

Opinion

MEMORANDUM **

Jameston Howyn Lee Yaw, a native and citizen of Trinidad, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to remand and dismissing his appeal from an immigration judge’s removal order. We review for abuse of discretion the BIA’s denial of a motion to remand, de Jesus Melendez v. Gonzales, 503 F.3d 1019, 1023 (9th Cir.2007). We deny the petition for review.

The BIA did not abuse its discretion by declining to remand Lee Yaw’s matter to the immigration judge so that Lee Yaw could pursue post-conviction relief. See Urbina-Mauricio v. INS, 989 F.2d 1085, 1089 (9th Cir.1993) (a criminal conviction is final for purposes of immigration review if the alien has exhausted or waived direct appellate review of the conviction, and cannot be collaterally attacked in an immigration proceeding).

Lee Yaw’s remaining contentions are unavailing.

PETITION FOR REVIEW DENIED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.