BARRON v. ASHCROFT

No. 02-70887.

358 F.3d 674 (2004)

Baltazar Hernandez BARRON; Margarita Hernandez Ramirez, Petitioners, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed February 10, 2004.


Attorney(s) appearing for the Case

Paul A. Schelly, Los Angeles, California, for the petitioners.

Robert D. McCallum, Jr., Carl H. McIntyre, Jr., and John L. Davis, United States Department of Justice, for the respondent.

Before: Cynthia Holcomb HALL, Diarmuid F. O'SCANNLAIN, Circuit Judges, and Anna J. BROWN, District Judge.


Submitted November 7, 2003.* — Pasadena, California.

Opinion by Judge O'Scannlain.

OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether we have jurisdiction to consider a due process claim that the petitioners did not present to the Immigration and Naturalization Service or to the Board of Immigration Appeals.

I

Baltazar Hernandez Barron and Margarita Hernandez Ramirez ("the petitioners...

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