Mouradian

Mouradian v. Ashcroft

Good Law
96 F. App'x 501
United States Court of Appeals for the Ninth CircuitApril 27, 2004No. 03-70222California342 words

Opinion

Lead Opinion

MEMORANDUM **

Garegin Mouradian, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) order denying his applications for asylum, withholding of deportation, relief under the Convention Against Torture, and voluntary departure. We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the IJ’s discretionary denial of voluntary departure. See Antonio-Cruz v. INS, 147 F.3d 1129, 1130 (9th Cir.1998). We also lack jurisdiction over Mouradian’s contention that the IJ erred in excluding a letter from the administrative record, because Mouradian did not exhaust before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004).

Because the transitional rules apply, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction over the remainder of this petition for review under 8 U.S.C. § 1105a(a). We review for substantial evidence adverse credibility determinations, Wang v. INS, 352 F.3d 1250, 1253 (9th Cir.2003), as well as determinations that a petitioner is ineligible for relief under the Convention Against Torture, Zheng v.…

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