Gado v. United States Attorney General
Gado v. United States Attorney General
Opinion of the Court
SUMMARY ORDER
Issa Gado (A 73-179-091), through counsel, petitions for review of the March 14, 2005 BIA order affirming without opinion Immigration Judge (“IJ”) Joanna Miller Bukszpan’s decision denying his application for asylum and withholding of deportation. We assume the parties’ familiarity with the underlying facts and procedural history in this case.
This Court reviews the IJ decision where, as here, the BIA affirms the IJ decision without opinion. See Twum v. INS, 411 F.3d 54, 58 (2d Cir. 2005). This Court reviews the agency’s factual findings under the substantial evidence standard. See 8 U.S.C. § 1252(b)(4)(B); Secaida-Rosales v. INS, 331 F.3d 297, 306-13 (2d Cir. 2003).
This Court lacks jurisdiction to review Gado’s ineffective assistance of counsel claim because he failed to exhaust this issue on appeal to the BIA. See 8 U.S.C. § 1252(d); Theodoropoulos v. INS, 358 F.3d 162 (2d Cir. 2004). In addition, because Gado fails to challenge the pretermission of his asylum application due to firm resettlement, that claim is waived. See Yueqing Zhang v. Gonzales, 426 F.3d 540, 545 n. 7 (2d Cir. 2005) (“Issues not
For the foregoing reasons, the petition for review is DENIED. The pending motion for a stay of removal in this petition is DENIED as moot.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.