Markarian

MEMORANDUM **

Guevork Markarian, a native and citizen of Armenia, petitions for review of a final order of the Bureau of Immigration Appeals (BIA) summarily affirming an immigration judge’s (IJ) denial of his application for asylum, withholding of removal, voluntary departure, and protection under the Convention Against Torture.

The Immigration and Nationality Act provides that we may only review a final order of removal if “the alien has exhausted all administrative remedies available to the alien as of right.” 8 U.S.C. § 1252 (d)(1). A failure to raise an issue before the BIA constitutes a failure to exhaust, which deprives this court of jurisdiction. Vargas v. U.S. Dep’t of Immigration and Naturalization, 831 F.2d 906, 907-08 (9th Cir.1987).

Several of Markarian’s claims were not exhausted. First, Markarian failed to present his claim under the Convention Against Torture to the BIA. Guo v. Ashcroft, 361 F.3d 1194 , 1199 n. 1 (9th Cir.2004). He also failed to argue the issues of withholding of removal and voluntary departure to the BIA. Camposeco-Montejo v. Ashcroft, 384 F.3d 814, 821 (9th Cir.2004) (withholding of removal); Mabugat v. INS, 937 F.2d 426 (9th Cir.1991)…