Emrulova v. Bureau of Citizenship & Immigration Services
Opinion of the Court
Petitioners Erzihan Emrulova, Sevdije Emrulova, Nijazi Emrulova, Selime Emrulova, and Bektas Emrulova, a family and citizens of Macedonia, petition for re
In the petition for review, the Emrulovas raise only due process claims. They argue that the IJ denied them a full and fair hearing and that the IJ “failed to adequately ascertain the merits of their claim by failing examine them in compliance with 8 U.S.C. § 1229a.” This claim was not raised before the BIA and thus we do not have jurisdiction to address it. See 8 U.S.C. § 1252(d)(1); Foster v. INS, 376 F.3d 75, 78 (2d Cir. 2004). Petitioners also argue that the summary affirmance by the BIA violated their due process rights. We have previously rejected this argument in Yu Sheng Zhang v. U.S. Dep’t of Justice, 362 F.3d 155, 157 (2d Cir. 2004).
We have considered all of the petitioners’ claims and find them to be without merit. The petitions for review are therefore DENIED. Having completed our review, the pending motions for a stay of removal in these petitions are DENIED as moot.
Reference
- Full Case Name
- Erzhihan EMRULOVA, Sevdije Emrulova, Nijazi Emrulova, Selime Emrulova, Bektas Emrulova v. BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES
- Status
- Published