Hudikian

Hudikian v. Mukasey

Good Law
311 F. App'x 5
United States Court of Appeals for the Ninth CircuitJanuary 3, 2008No. 05-72949California338 words

Opinion

Lead Opinion

MEMORANDUM **

Adrina Hudikian and her child Anusch Hudikian, natives and citizens of Armenia, petition for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing their appeal from an Immigration Judge’s (“IJ”) denial of their application for asylum and withholding of removal, and request for relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We dismiss the petition in part, and deny in part.

We dismiss Hudikian’s asylum claim because she failed to exhaust it before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004). We also dismiss Hudikian’s claim that the government’s actions caused her to delay filing her asylum application because she failed to exhaust it before the BIA. See id.

Hudikian waived her claim that she is eligible for withholding of removal, because she did not challenge the IJ’s and BIA’s adverse credibility determination in her opening brief. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996).

We deny Hudikian’s claim that the IJ violated her due process rights by failing to give her explicit notice of the consequences of filing a frivolous asylum application and…

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