Soni

Soni v. Immigration & Naturalization Service

Good Law
84 F. App'x 970
United States Court of Appeals for the Ninth CircuitJanuary 2, 2004No. 02-72309California398 words

Opinion

Lead Opinion

MEMORANDUM ***

Pawan Pratap Soni petitions for review of a decision of the Board of Immigration *971 Appeals (“BIA”) affirming a denial of his applications for suspension and withholding of deportation and asylum.

(1) Soni asks that we remand the case to the BIA to allow him to present claims regarding his wife’s immigration status and ineffective assistance of counsel that he failed to raise in his initial administrative appeal. We cannot require the BIA to hear Soni’s new claims because we have no jurisdiction over claims that an immigrant fails to raise to the BIA. See Vargas v. U.S. Dept. of Immigration and Naturalization, 881 F.2d 906 , 907-08 (9th Cir.1987).

(2) Soni asks that we reverse the asylum determination in light of “new” evidence. It is unclear whether he urges us to review new evidence never presented to the agency, or to reverse because the BIA did not properly account for evidence Soni presented to the BIA but not the immigration judge. In either case, his argument is unavailing. The former version of the argument fails because we have no authority to review evidence not presented to the INS; we may “decide the petition only on the administrative record on…

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