Blaskovic

MEMORANDUM *

Branko Blaskovic, his wife, and their son petition for review of the Board of Immigration Appeals’ (BIA) summary affirmance without opinion of an Immigration Judge’s denial of their applications for asylum and withholding of deportation. Mr. Blaskovic, the lead petitioner, is a native and citizen of Croatia. The claims of his wife and son are derivative of his application. Because the BIA did not perform an independent review, we review the IJ’s decision. Falcon Carriche v. Ashcroft, 350 F.3d 845, 855 (9th Cir.2003).

Because the parties are familiar with the factual and procedural history of this case, we will not recount it except as necessary.

A. Suspension of deportation

The Immigration Judge determined:

We lack jurisdiction to consider the Blaskovics’ challenge to the Immigration Judge’s determination because they failed to raise this issue before the BIA. See 8 *532 U.S.C. § 1252 (d)(1); Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004). In their appeal to the BIA, the Blaskovies emphasized their struggle to obtain asylum in the United States and in Canada. Even construed broadly in favor of these pro se petitioners, their brief cannot be interpreted…