Gebrezgabhere

Gebrezgabhere v. Ashcroft

Good Law
108 F. App'x 514
United States Court of Appeals for the Ninth CircuitAugust 31, 2004No. 02-74516California932 words

Opinion

Lead Opinion

MEMORANDUM **

Senait Negassi Gebrezgabhere (“Gebrezgabhere”), an Eritrean citizen, petitions for review of an order of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“IJ”) denial of her applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 (2000) and we grant the petition in part, deny it in part and remand.

The government first argues that Gebrezgabhere abandoned her claims regarding withholding of removal and relief under CAT by failing to raise them before *516 the BIA or this Court. We agree with the government that Gebrezgabhere has abandoned her CAT claim because she has not raised any arguments regarding the likelihood that she would be tortured if she were returned to Eritrea. We reject, however, the government’s position regarding Gebrezgabhere’s withholding of removal claim. Immigration regulations and our precedent treat an application for asylum as also an application for withholding of removal. See 8 C.F.R. 208.3(b) (2002) (“An asylum application shall be deemed to constitute at the same time an application for withholding of removal....…

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