Qureshi

Qureshi v. Immigration & Naturalization Service

Good Law
89 F. App'x 10
United States Court of Appeals for the Ninth CircuitFebruary 4, 2004No. 02-74021; Agency Nos. A75-526-473, A75526-474, A75-715-255California380 words

Opinion

Lead Opinion

MEMORANDUM *

Karimulla Qureshi, Zaheed Qureshi, and Zarin Arshi petition for review from the Board of Immigration Appeals’s summary affirmance of an immigration judge (“IJ”) decision denying them asylum and withholding of removal. We deny the petition for review.

1. Petitioners failed to exhaust their respective claims under the Convention Against Torture because they did not present the claims to the IJ. Ortiz v. INS, 179 F.3d 1148, 1152-53 (9th Cir.1999). Petitioners also failed to exhaust their procedural due process claim. Vargas v. INS, 831 F.2d 906, 908 (9th Cir.1987).

2. The IJ did not err in denying Zaheed’s application as untimely. Applications for asylum must b^e filed within one year of an applicant’s arrival in the United States, or April 1, 1997, whichever is later. 8 C.F.R. § 1208.4 (a)(2). She did not do so. The IJ did not err in finding that Karimulla qualified for an exception to the filing deadline because he tendered evidence of changed country conditions that affected his application. 8 C.F.R. § 1208.4 (a)(4).

3. We need not determine whether the IJ properly assessed Karimulla’s credibility. To be eligible for asylum or withholding of deportation under INA…

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