Rahman

Rahman v. Ashcroft

Good Law
113 F. App'x 284
United States Court of Appeals for the Ninth CircuitNovember 18, 2004No. 03-71441California421 words

Opinion

Lead Opinion

MEMORANDUM **

Sanjida Rahman, a native and citizen of Bangladesh, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an immigration judge’s (“IJ”) denial of her application for asylum and withholding of deportation and protection under the Convention Against Torture (“CAT”). Because the transitional rules apply, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have partial jurisdiction pursuant to 8 U.S.C. § 1105a(a). Where, as here, the BIA affirms without opinion, we review the IJ’s decision. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We review for substantial evidence an adverse credibility determination, Chebc houb v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and reverse only if the evidence compels a contrary conclusion, Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider Rah-man’s contention that the IJ violated her due process rights by not placing her on notice that her credibility was at issue on remand, because Rahman failed to raise this issue before the BIA. See Rashtabadi v. INS, 23 F.3d 1562, 1567 (9th Cir.1994)…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.