FILED
NOT FOR PUBLICATION MAR 11 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ARAM HOVHANNISYAN; MERI No. 06-74541
HOVHANNISYAN; HOVHANNES
HOVHANNISYAN; MIHRAN Agency Nos. A075-683-444
HOVHANNISYAN, A075-683-445
A075-683-446
Petitioners, A075-683-447
v.
MEMORANDUM**
ERIC H. HOLDER, Jr., Attorney General,*
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 9, 2011***
Pasadena, California
Before: RYMER, CALLAHAN, and IKUTA, Circuit Judges.
*
Eric H. Holder, Jr. is substituted for his predecessor, Michael B.
Mukasey, as Attorney General of the United States, pursuant to Fed. R. App. P.
43(c)(2).
**
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
***
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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 (1992); Li v. Ashcroft, 378 F.3d 959, 964 (9th Cir. 2004).
DISMISSED IN PART; DENIED IN PART.
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