Quibol

Quibol v. Immigration & Naturalization Service

Good Law
22 F. App'x 818
United States Court of Appeals for the Ninth CircuitNovember 20, 2001No. 00-70972; BIA No. A38-452-370California398 words

Opinion

Lead Opinion

MEMORANDUM **

Melanio Ambida Quibol (“Quibol”) appeals the Board of Immigration Appeals’ (“BIA”) denial of Quibol’s request for waiver of deportation and the Immigration Judge’s (IJ) denial of Quibol’s request for voluntary departure. We affirm. Because the facts are familiar to the parties, we recount them only as necessary to explain our decision.

1. Waiver of Deportation, INA § 241(a)(1)(H), 8 U.S.C. § 1251 (a)(1)(H) (1994):

The credibility determination. Quibol did not contest the IJ’s credibility determination before the BIA and thus has not exhausted his administrative remedies as to this issue. This court therefore does not have jurisdiction to review whether the BIA abused its discretion in adopting the IJ’s adverse credibility determination. See Garberding v. INS, 30 F.3d 1187 , 1188 n. 1 (9th Cir.1994) (“Generally, failure to raise an issue with the BIA constitutes a failure to exhaust administrative remedies and deprives this court of jurisdiction to consider the issue.”).

Nor has Quibol shown a violation of his right to due process or equal protection of the laws. Substantial evidence in the record supported the credibility determination, and Quibol has presented…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.