Hovhannisyan v. Holder

420 F. App'x 757

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 11, 2011
• Docket: 06-74541
• Status: Unpublished

Opinion

MEMORANDUM ***

Because Hovhannisyan’s appeal to the BIA did not challenge the IJ’s denial of his continuance request, that claim is not exhausted and we lack jurisdiction to consider it. 8 U.S.C. § 1252(d)(1); Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004). The BIA’s determination that the IJ did not evince judicial hostility or bias toward Hovhannisyan is supported by substantial evidence in the record, and therefore Hovhannisyan’s due process claim also fails. Antonio-Cruz v. INS, 147 F.3d 1129, 1131 (9th Cir.1998). Finally, to the extent that Hovhannisyan’s petition can be construed as challenging the IJ’s adverse credibility determination, that determination is supported by substantial evidence in the record, including the inconsistency between Hovhannisyan’s description of the seriousness of his stab wound and the medical treatment he received. INS v. Elias-Zacarias, 502 U.S. 478, 481 n. 1, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992); Li v. Ashcroft, 378 F.3d 959, 964 (9th Cir.2004).

DISMISSED IN PART; DENIED IN PART.

*** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.