Ibrahim v. Gonzales
Ibrahim v. Gonzales
Opinion of the Court
MEMORANDUM
Mohammad Mustafa Ibrahim, a Palestinian native of Kuwait, petitions pro se for
We lack jurisdiction over Ibrahim’s contentions concerning issues other than CAT and country of removal, as he did not exhaust these issues before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (holding that exhaustion is mandatory and jurisdictional); see also Ontiveros-Lopez v. INS, 213 F.3d 1121, 1124 (9th Cir. 2000) (holding that ineffective assistance of counsel claims must first be presented to the BIA).
Ibrahim contends that the BIA and IJ erred in failing to consider the deferral of his removal to Jordan and Kuwait. We conclude that the BIA correctly determined that Ibrahim did not apply for CAT relief with respect to these two countries. Nowhere in Ibrahim’s asylum application, testimony, or closing statement does he indicate a fear of torture in either Jordan or Kuwait.
As the BIA has not considered Ibrahim’s exhausted contention that the IJ incorrectly designated Jordan as a country of removal, we grant the petition for review in part and remand the matter to the BIA. See Barroso v. Gonzales, 429 F.3d 1195, 1208 (9th Cir. 2005); see also INS v. Ventura, 537 U.S. 12, 16-17, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam).
PETITION FOR REVIEW DISMISSED in part; DENIED in part; GRANTED in part; REMANDED.
This disposition is not appropriate for publication and may not be cited to or by the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.