Cerna v. Blanche – Do It For The Caselaw

Holding: The Ninth Circuit denied the petition for review because the petitioner failed to exhaust administrative remedies regarding the one-year filing deadline and the cognizability of his proposed social group.
Standard: substantial evidence
Vote: The panel unanimously denied the petition without oral argument.
Practical effect: The decision reinforces the requirement that asylum and withholding of removal arguments must be fully exhausted before the Board of Immigration Appeals to be considered by the federal courts of appeals.

The United States Court of Appeals for the Ninth Circuit denied a petition for review of a Board of Immigration Appeals order. The court found that the petitioner failed to exhaust administrative remedies regarding both his asylum application and his proposed social group for withholding of removal.

Background

William Edenilson Cerna petitioned for review of an order by the Board of Immigration Appeals affirming the denial of his applications for asylum and withholding of removal by an Immigration Judge. The petitioner argued that extraordinary circumstances prevented him from filing on time and that his proposed social group was cognizable.

The court’s reasoning

The court reviewed the denial for substantial evidence. It found that the petitioner failed to meet the one-year statutory deadline for asylum and did not properly exhaust the argument regarding extraordinary circumstances before the Board. Regarding withholding of removal, the court held that the petitioner forfeited the argument about his social group by not challenging the Immigration Judge’s rejection of his original groups before the Board. Because the petitioner failed to establish membership in a particular social group, the court did not reach the issue of past or future persecution.

What it means going forward

The decision reinforces the requirement that asylum and withholding of removal arguments must be fully exhausted before the Board of Immigration Appeals to be considered by the federal courts of appeals.