Gomes v. Garland, No. 20-2106 (1st Cir. 2021)
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The First Circuit dismissed one of the claims in Petitioner's petition for review of the decision of the Board of Immigration Appeals (BIA) dismissing Petitioner's challenges to the denial of his asylum and withholding of removal claims and denied the others, holding that Petitioner was not entitled to relief.
An immigration judge denied Petitioner's applications for asylum, withholding of removal, cancellation of removal, protection under the United Nations Convention Against Torture and voluntary departure. The BIA dismissed Petitioner's appeal. The First Circuit affirmed, holding (1) this Court lacked jurisdiction to consider Petitioner's first claim on appeal because Petitioner failed to exhaust his administrative remedies; (2) the BIA's decision on Petitioner's political opinion claim was supported by substantial evidence; and (3) Petitioner's withholding of removal claim failed because his asylum claim failed.
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