Dass

MEMORANDUM

In 2002, an Immigration Judge (“IJ”) granted asylum to Shew Francis Dass because of the persecution Dass endured in Fiji. Dass later pled guilty to two crimes, including inflicting corporal injury on his wife in violation of California Penal Code § 273.5(A). The IJ terminated Dass’s asylum on the ground that § 273.5(A) is an aggravated felony. Citing changed country conditions in Fiji, the IJ also denied Dass withholding of removal and relief under the Convention Against Torture (“CAT”). On appeal, the Board of Immigration Appeals (“BIA”) affirmed the denial of withholding of removal and CAT relief.

Dass petitions for review. He disputes each of the IJ’s rulings and argues that the IJ failed to protect his statutory right to counsel. However, Dass has not exhausted all of these arguments. The only relevant statement in Dass’s notice of appeal to the BIA is that “[t]he IJ’s decision [on] withholding of removal[] and [CAT relief] was riddled with factual [and] legal errors and violated due process.” Dass concedes that this statement includes neither an argument concerning his right to counsel nor any challenge to the termination of his asylum. The notice of appeal also…