Ibrahim

Ibrahim v. Gonzales

Good Law
185 F. App'x 615
United States Court of Appeals for the Ninth CircuitJune 16, 2006No. 04-75599California331 words

Opinion

Lead Opinion

MEMORANDUM **

Mohammad Mustafa Ibrahim, a Palestinian native of Kuwait, petitions pro se for *616 review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s (“IJ”) order denying relief under the Convention Against Torture (“CAT”) and ordering him removed to Jordan. To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 . Parrilla v. Gonzales, 414 F.3d 1038, 1040 (9th Cir.2005). We dismiss the petition for review in part, deny it in part, grant it in part, and remand for further proceedings.

We lack jurisdiction over Ibrahim’s contentions concerning issues other than CAT and country of removal, as he did not exhaust these issues before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (holding that exhaustion is mandatory and jurisdictional); see also Ontiveros-Lopez v. INS, 213 F.3d 1121, 1124 (9th Cir.2000) (holding that ineffective assistance of counsel claims must first be presented to the BIA).

Ibrahim contends that the BIA and IJ erred in failing to consider the deferral of his removal to Jordan and Kuwait. We conclude that the BIA correctly determined that Ibrahim did not apply for CAT…

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