Nicholas Karanja v. Eric Holder, Jr.

Good Law
540 F. App'x 683
United States Court of Appeals for the Ninth CircuitSeptember 27, 201312-70232California501 words

Opinion

Opinion

MEMORANDUM

Nicholas Karanja, a native and citizen of Kenya, petitions for review of the Board of Immigration Appeals’ (BIA) decision affirming the immigration judge’s (IJ) denial of his applications for asylum, withholding of removal, and CAT relief. We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition. Karanja’s motion to remand filed September 10, 2013 is denied.

Karanja contends: (1) the removal proceedings were procedurally unfair; and (2) substantial evidence does not support the BIA’s adverse credibility determination. Specifically, Karanja argues the IJ failed to advise him of the availability of pro bono assistance as required by 8 C.F.R. § 1240.10 (a) in violation his due process rights. But the IJ recommended Karanja seek free legal services from two particular pro bono organizations, including one that visited the barracks where Karanja was detained, and granted Karanja multiple continuances to obtain counsel. The IJ also “specifically [inquired] as to whether [Karanja] wishe[d] to continue without a lawyer” and “receive[d] a knowing and voluntary affirmative response.” Herandez-Gil v. Gonzales, 476 F.3d 803, 806 (9th Cir.2007). Karanja does not argue…

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