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96 F. App'x 927

Eshete v. Ashcroft

U.S. Courts of Appeals

Decided May 21, 2004

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U.S. Courts of Appeals · decided 2004-05-21

Applies 8 U.S.C. § 1158 (§ 208 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Farrokhi v. U.S. Immigration & Naturalization Service

Decided 2004-05-21

PER CURIAM:

¶1 Senait Eshete, a native and citizen of Ethiopia, petitions for review of an order of the Board of Immigration Appeals (Board) affirming without opinion the Immigration Judge’s (IJ) denial of her applications for asylum, withholding of removal, and protection under the Convention Against Torture.

¶2 Eshete first challenges the IJ’s finding that her asylum application is untimely. See 8 U.S.C. § 1158(a)(2)(B), (D) (2000); 8 C.F.R. § 1208.4(a) (2003). We conclude that we lack jurisdiction to review this claim pursuant to 8 U.S.C. § 1158(a)(3) (2000). Eshete next disputes the IJ’s finding that she failed to qualify for withholding of removal. We have reviewed the administrative record and conclude that Eshete failed to properly exhaust this claim when she appealed to the Board from the IJ’s denial of relief. See 8 U.S.C. § 1252(d)(1) (2000); Farrokhi v. U.S. INS, 900 F.2d 697, 700 (4th Cir.1990).

¶3 We accordingly dismiss the petition for review. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

¶4 PETITION DISMISSED

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