Abdulhakim Haji-Eda v. Eric H. Holder Jr.

MEMORANDUM

Petitioner Abdulhakim Kherow Haji-Eda seeks review of the order of the Board of Immigration Appeals (“BIA”) vacating in part the decision of the Immigration Judge (“IJ”) and denying relief under the Convention Against Torture (“CAT”). He also seeks review of the IJ’s denial of withholding of removal.

Although Haji-Eda makes several arguments regarding the IJ’s denial of withholding of removal, we lack jurisdiction to hear most of them. Haji-Eda failed to advance an argument with regard to withholding of removal in his brief before the BIA, and the BIA exercised its prerogative in not addressing any such arguments, so the issues are unexhausted. See Abebe v. Mukasey, 554 F.3d 1203, 1207-08 (9th Cir.2009) (en banc) (per curiam). Although his due process claim need not be exhausted for us to have jurisdiction, Bagues-Valles v. INS, 779 F.2d 483, 484 (9th Cir.1985), the IJ did not make any factual or legal errors, much less ones rising to the level of a due process violation, see Cuadras v. INS, 910 F.2d 567, 573 (9th Cir.1990). Nor did Haji-Eda demonstrate prejudice, as required. See Larita-Martinez v. INS, 220 F.3d 1092, 1095 (9th Cir.2000). Haji-Eda also challenges the…