Coku v. Immigration & Naturalization Service
Opinion of the Court
SUMMARY ORDER
Petitioner Adnan Coku petitions for review of an order of the Board of Immigration Appeals (“BIA”) affirming without opinion the decision of the Immigration Judge (“IJ”), which denied petitioner’s application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We assume familiarity with the facts and procedural history.
We may entertain this petition “only if the alien has exhausted all administrative remedies” available as of right, 8 U.S.C. § 1252(d), and the petitioner has failed to exhaust his administrative remedies regarding all but one of his claims by not raising them before the BIA. In neither his brief to the BIA nor his notice of appeal to that body did the petitioner contend, as he does now, that error infected the IJ’s adverse-credibility finding, that the IJ was biased or impartial, or that the translation in the immigration court was
The petitioner’s remaining argument is that his constitutional right to due process was violated when a BIA member determined that the IJ’s opinion was correct and affirmed the opinion pursuant to the BIA “streamlining” regulation. 8 C.F.R. § 1003.1(e)(4). The petitioner claims that the BIA did not follow its own regulations in streamlining the appeal because the IJ’s decision was wrong. Assuming that this court has jurisdiction to review the petitioner’s claim that it was inappropriate for the BIA to streamline his case, that claim fails. The petitioner presents no evidence that the BIA did not carefully review his appeal and conclude that the IJ’s decision was correct. And the petitioner may not successfully attack the general streamlining procedure as a due process violation. Yu Sheng Zhang v. DOJ, 362 F.3d 155 (2d Cir. 2004) (per curiam). Thus, we reject petitioner’s claim of a due process violation.
For the foregoing reasons, the petition for review is DISMISSED as to matters that the petitioner did not exhaust and DENIED as to his due process challenge to the BIA’s streamlined review. The petitioner’s motion for stay of removal is DENIED.
Reference
- Full Case Name
- Adnan COKU v. IMMIGRATION AND NATURALIZATION SERVICE
- Cited By
- 1 case
- Status
- Published