Avetisian

Avetisian v. Ashcroft

Good Law
87 F. App'x 26
United States Court of Appeals for the Ninth CircuitDecember 18, 2003No. 02-74201; Agency No. A79-811-487California330 words

Opinion

Lead Opinion

MEMORANDUM **

Vigen Avetisian, a native of Iran and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from an Immigration Judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition for review.

The government correctly argues that Avetisian waived his right to appeal the agency’s adverse credibility determination by failing to raise the issue in his opening brief.

Avetisian attributes his faulty memory to the head injury allegedly inflicted by police but provided no supporting documentation at the removal hearing or on appeal to the BIA, only assertions of counsel. Avetisian contends that the IJ’s failure to continue the proceedings to allow for a medical examination violated his right to a fair hearing. Avetisian’s prior *28 counsel did not move for a continuance, however, stating: “I don’t think anything will change if we ... send him to a doctor, if we postpone this or if we do anything else.” Given counsel’s position at the time and the absence of subsequently…

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