U.S. Court of Appeals for the Fourth Circuit, 2005

Kefle v. Ashcroft

Kefle v. Ashcroft
U.S. Court of Appeals for the Fourth Circuit · Decided January 13, 2005 · Michael, Traxler, King
119 F. App'x 514

Kefle v. Ashcroft

Opinion

PER CURIAM:

Elleni Wolde Kefle, a native and citizen of Ethiopia, petitions for review of an order of the Board of Immigration Appeals (Board) dismissing her appeal from the immigration judge’s denial of her application for asylum, withholding of removal, and protection under the Convention Against Torture.

Kefle contends the immigration judge erred when he found her asylum application was untimely. We conclude we lack jurisdiction to review this claim. See 8 U.S.C. § 1158(a)(3) (2000). Kefle next contends the Board erred when it denied her withholding of removal claim. We have reviewed the administrative record and conclude Kefle did not exhaust her administrative remedies with respect to this claim because she did not properly present it in her appeal to the Board. See 8 U.S.C. § 1252(d)(1) (2000); Asika v. Ashcroft, 362 F.3d 264, 267 n. 3 (4th Cir. 2004).

Accordingly, we dismiss the petition for review. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

PETITION DISMISSED

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