Margaryan
Margaryan v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Aghavni Mumjyan, on behalf of her husband and minor children, 1 natives and citizens of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) decision denying the family’s application for asylum, withholding of removal and relief under the Convention Against Torture (“the Convention”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence an adverse credibility finding. Lata v. INS, 204 F.3d 1241, 1244-45 (9th Cir.2000). We dismiss the petition for re *526 view in part, grant it in part, and remand for further proceedings.
Mumjyan contends that counsel at her removal hearing provided ineffective assistance. Mumjyan never raised this issue before the BIA, and therefore has not exhausted her administrative remedies. See Ontiveros-Lopez v. INS, 213 F.3d 1121, 1124 (9th Cir.2000) (“We ... require an alien who argues ineffective assistance of counsel to exhaust his administrative remedies by first presenting the issue to the BIA”). Accordingly, we dismiss this portion of the petition for review for lack of jurisdiction.