Asican

Asican v. Holder

Good Law
345 F. App'x 230
United States Court of Appeals for the Ninth CircuitAugust 19, 2009No. 08-72390California548 words

Opinion

Lead Opinion

*231 MEMORANDUM *

Joselito Asican, a native and citizen of the Philippines and a lawful permanent resident, petitions for review of the BIA’s dismissal of his appeal of the Immigration Judge’s discretionary denial of cancellation of removal. We dismiss in part and deny in part the petition for review.

Asican argues in his petition for review, for the first time in this case, that he did not commit two crimes of moral turpitude and the IJ violated due process by not informing him about discretionary domestic victim waivers of removal and developing the administrative record regarding potential domestic abuse. Asican did not raise these claims in his BIA appeal brief. Therefore, he has not exhausted his administrative remedies and we lack jurisdiction to consider the claims. See Brezilien v. Holder, 569 F.3d 403, 412 (9th Cir.2009); Abebe v. Mukasey, 554 F.3d 1203, 1208 (9th Cir.2009) (en banc).

Nor does the BIA’s citation to Matter of Burbano, 20 I. & N. Dec. 872, 874 (BIA 1994), 1 excuse Asican’s failure to exhaust. Additionally, after Abebe , an independent or de novo review of the record will not exhaust claims not asserted in the BIA appeal brief. Abebe, 554 F.3d at 1208 .…

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