UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-1889
SENAIT ESHETE,
Petitioner,
versus
JOHN D. ASHCROFT, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A79-474-987)
Submitted: April 21, 2004 Decided: May 21, 2004
Before WIDENER, MICHAEL, and KING, Circuit Judges.
Petition dismissed by unpublished per curiam opinion.
Rev. Uduak J. Ubom, Washington, D.C., for Petitioner. Peter D.
Keisler, Assistant Attorney General, Terri J. Scadron, Assistant
Director, Efthimia S. Pilitsis, OFFICE OF IMMIGRATION LITIGATION,
Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Senait Eshete, a native and citizen of Ethiopia,
petitions for review of an order of the Board of Immigration
Appeals (Board) affirming without opinion the Immigration Judge’s
(IJ) denial of her applications for asylum, withholding of removal,
and protection under the Convention Against Torture.
Eshete first challenges the IJ’s finding that her asylum
application is untimely. See 8 U.S.C. § 1158(a)(2)(B), (D) (2000);
8 C.F.R. § 1208.4(a) (2003). We conclude that we lack jurisdiction
to review this claim pursuant to 8 U.S.C. § 1158(a)(3) (2000).
Eshete next disputes the IJ’s finding that she failed to qualify
for withholding of removal. We have reviewed the administrative
record and conclude that Eshete failed to properly exhaust this
claim when she appealed to the Board from the IJ’s denial of
relief. See 8 U.S.C. § 1252(d)(1) (2000); Farrokhi v. INS, 900
F.2d 697, 700 (4th Cir. 1990).
We accordingly dismiss the petition for review. We
dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before the court and
argument would not aid the decisional process.
PETITION DISMISSED