Zokota

Zokota v. Gonzales

Good Law
225 F. App'x 445
United States Court of Appeals for the Ninth CircuitFebruary 26, 2007No. 05-72247California377 words

Opinion

Lead Opinion

MEMORANDUM **

Natalia Zokota, a native and citizen of Ukraine, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming an Immigration Judge’s (“IJ”) decision denying her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 and we review for substantial evidence. See Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004). We deny the petition for review.

The IJ concluded that Zokota was not credible due to inconsistencies within her testimony, discrepancies between her testimony and documentary evidence regarding her entry into the United States, and her failure to produce corroborating evidence. On appeal to the BIA, Zokota challenged only the finding regarding her entry into the United States. Newly-raised challenges to other portions of the IJ’s decision have not been exhausted and are not properly before this court. See Vargas v. U.S. Dept. of Immigration and Naturalization, 831 F.2d 906, 907-08 (9th Cir.1987) (“Failure to raise an issue in an appeal to the BIA constitutes a failure to exhaust remedies with respect to that question and deprives this court of…

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