U.S. Court of Appeals for the Fifth Circuit, 2009

Kotadiya v. Holder

Kotadiya v. Holder
U.S. Court of Appeals for the Fifth Circuit · Decided August 14, 2009 · Higginbotham, Clement, Southwick
340 F. App'x 966

Kotadiya v. Holder

Opinion

PER CURIAM: *

Nasser Mohammedali Kotadiya, a native and citizen of India, petitions this court to review the decision of the Board of Immigration Appeals (“BIA”) denying his motion to reconsider the dismissal of an appeal from an Immigration Judge’s order denying a motion to suppress and finding Kotadiya removable. Kotadiya argues that his attorney was ineffective for arguing only the suppression issue and failing to request withholding of removal or relief under the Convention Against Torture.

Kotadiya did not raise his claim of ineffective counsel before the BIA. Therefore the issue is unexhausted, and this court lacks jurisdiction to consider it. See 8 U.S.C. § 1252(d)(1); Omari v. Holder, 562 F.3d 314, 317-19 (5th Cir. 2009); Wang v. Ashcroft, 260 F.3d 448, 452-53 (5th Cir. 2001). In addition, Kotadiya has abandoned any argument concerning his suppression claim by failing to brief the issue. See Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003).

Accordingly, the petition for review is DISMISSED.

*

Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.