UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1717
ELLENI WOLDE KEFLE,
Petitioner,
versus
JOHN ASHCROFT, U.S. Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A79-498-701)
Submitted: December 10, 2004 Decided: January 13, 2005
Before MICHAEL, TRAXLER, and KING, Circuit Judges.
Petition dismissed by unpublished per curiam opinion.
Aragaw Mehari, Washington, D.C., for Petitioner. Peter D. Keisler,
Assistant Attorney General, M. Jocelyn Lopez Wright, Assistant
Director, Larry P. Cote, Office of Immigration Litigation, UNITED
STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Elleni Wolde Kefle, a native and citizen of Ethiopia,
petitions for review of an order of the Board of Immigration
Appeals (Board) dismissing her appeal from the immigration judge’s
denial of her application for asylum, withholding of removal, and
protection under the Convention Against Torture.
Kefle contends the immigration judge erred when he found
her asylum application was untimely. We conclude we lack
jurisdiction to review this claim. See 8 U.S.C. § 1158(a)(3)
(2000). Kefle next contends the Board erred when it denied her
withholding of removal claim. We have reviewed the administrative
record and conclude Kefle did not exhaust her administrative
remedies with respect to this claim because she did not properly
present it in her appeal to the Board. See 8 U.S.C. § 1252(d)(1)
(2000); Asika v. Ashcroft, 362 F.3d 264, 267 n.3 (4th Cir. 2004).
Accordingly, we 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
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