SANCHEZ-CRUZ v. INS

No. 99-70044.

255 F.3d 775 (2001)

Raquel SANCHEZ-CRUZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 25, 2001.


Attorney(s) appearing for the Case

Arielle Bases and John Ayala, Law Office of Enrique Arevalo, South Pasadena, California, for the petitioner.

William J. Howard and Carl McIntyre, U.S. Department of Justice, Washington, D.C., for the respondent.

Before: B. FLETCHER, THOMAS and WARDLAW, Circuit Judges.


Argued and Submitted October 11, 2000 — Pasadena, California

THOMAS, Circuit Judge:

We must decide in this case whether an allegation of bias by an immigration judge ("IJ") presents a colorable due process claim reviewable by this court despite the jurisdictional limitations of IIRIRA's transitional rules, and whether such a claim requires administrative exhaustion. We conclude that a bias claim is reviewable, but must be exhausted before the Board...

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