Arsdi v. Holder, Jr., No. 10-72147 (9th Cir. 2011)
Annotate this CasePetitioner, a native and citizen of Ethiopia, petitioned for review of the BIA's decision affirming the IJ's conclusion that petitioner was statutorily ineligible for asylum and withholding of removal because petitioner's armed robbery conviction was "particularly serious." Petitioner had complained to the BIA that the IJ's decision failed to take into consideration several facts. However, all of the purported omissions related to petitioner's claim of a well-founded fear of persecution. The court concluded that the only way to give the BIA the opportunity to correct its own errors was to raise the "particularly serious" issue before the BIA, which defendant simply failed to do. Therefore, the court held that because petitioner did not exhaust the issue before the BIA, the court had no jurisdiction to consider whether or not his crime was "particularly serious." Accordingly, the petition was dismissed.
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