Cante-Lopez v. Garland, No. 21-1922 (1st Cir. 2022)
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The First Circuit dismissed Petitioner's petition for review of the denial by the Board of Immigration Appeals (BIA) of his application for withholding of removal under 8 U.S.C. 1231(b)(3), holding that the petition is dismissed due to Petitioner's failure to exhaust an issue upon which which his argument on appeal depended.
After he was placed in removal proceedings Petitioner sought asylum and withholding of removal or, in the alternative, voluntary departure. The immigration judge (IJ) denied all claims, and the BIA affirmed without opinion. Petitioner appealed, challenging only the BIA's denial of his application for withholding of removal. The First Circuit dismissed the petition for review, holding that because Petitioner did not challenge the aspect of the IJ's ruling to the BIA that he now appealed, he could not bring that challenge to the First Circuit in the first instance because the issue was not exhausted.
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