Vela-Barrios

MEMORANDUM **

Mynor E. Vela-Barrios, a native and citizen of Guatemala, petitions for review of an order of the Board of Immigration Appeals dismissing his appeal from an immigration judge’s denial of his application for asylum and withholding of deportation.

In this appeal, Vela argues for the first time that he was deprived of the right to counsel. “Absent overriding justification, an alien must exhaust his administrative remedies prior to seeking review of a deportation order.” 1 In order to be exempt from the exhaustion requirement, the alien must show that his due process claims do not involve procedural errors. Vela did not make such a showing, and consequently, this court is without jurisdiction to hear this matter.

Vela also argues that the BIA wrongfully agreed with the IJ’s opinion without explaining why. The BIA may adopt the IJ’s decision if it first conducts an individualized assessment of the case and clearly indicates its intention to incorporate the IJ’s opinion. 3 The BIA did so here, and its adoption of the IJ’s opinion was perfectly acceptable.

Vela further argues that he is eligible for asylum because he suffered persecution in the past and has a…