Singh

Singh v. Holder

Good Law
493 F. App'x 885
United States Court of Appeals for the Ninth CircuitSeptember 18, 2012No. 09-70595California508 words

Opinion

Lead Opinion

MEMORANDUM **

Harjinder Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s adverse credibility finding, Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000), and we deny in part and dismiss in part the petition for review.

We lack jurisdiction to consider Singh’s ineffective assistance of counsel and adjustment of status claims, as well as his related due process claim, because he did not exhaust these claims. 1 See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004) (the court lacks jurisdiction to review contentions not raised before the BIA). Similarly, we lack jurisdiction to review Singh’s claims that the term “arrest” as used during the credible fear interview was ambiguous, that his waiver of the presence of counsel during the credible fear interview may have not been voluntary, and that he was prejudiced by the absence of counsel,…

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