Khandikian

Khandikian v. Gonzales

Good Law
231 F. App'x 770
United States Court of Appeals for the Ninth CircuitMay 15, 2007Nos. 04-70224, 04-74103California647 words

Opinion

Lead Opinion

MEMORANDUM **

Arsen Khandikian, a native and citizen of Armenia, petitions for (1) review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal of the Immigration Judge’s (“IJ”) decision not to extend his voluntary departure time, petition No. 04-70224, and (2) review of the BIA’s final order denying his motion to reopen his deportation proceedings, petition No. 04-74103. The petitions are hereby consolidated for disposition. We dismiss petition No. 04-70224 because we lack jurisdiction to review the claims presented and we deny petition No. 04-74103 because the BIA did not abuse its discretion in denying the motion to reopen.

In the first petition, No. 04-70224, Khandikian raised only the issue of the IJ’s denial of his request to extend his time for voluntary departure from six to eleven months in his appeal to the BIA. Therefore, we lack jurisdiction to consider either his ineffective assistance of counsel or his changed country conditions claims because they were not exhausted below. See Ontiveros-Lopez v. INS, 213 F.3d 1121, 1124 (9th Cir.2000). We also lack jurisdiction to review Khandikian’s additional claim that we should remand the petition for…

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