Peba
Peba v. Holder
Opinion
Opinion
MEMORANDUM
Eugene Peba, a citizen and national of Nigeria, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from an adverse credibility determination on which the immigration judge’s (“U”) denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”) was based. We have juris diction pursuant to 8 U.S.C. § 1252 , and we deny the petition.
I
As an initial matter, we note that Peba did not challenge the IJ’s admission of portions of his personal journal into evidence in his appeal to the BIA. By operation of 8 U.S.C. § 1252 (d)(1), this court lacks jurisdiction to consider his claims of procedural error and a due process violation. See Vargas v. INS, 831 F.2d 906, 908 (9th Cir.1987) (“ ‘[A] petitioner cannot obtain review of procedural errors in the administrative process that were not raised before the agency merely by alleging that every such error violates due process.’ ” (quoting Reid v. Engen, 765 F.2d 1457, 1461 (9th Cir.1985))). Similarly, Peba has waived the ineffective assistance of counsel argument he attempts to raise for the first time in his Reply Brief to this Court.…