United States First Circuit

Petition for review of a decision by the Board of Immigration Appeals (BIA) that denied petitioner withholding of removal and protection under the Convention Against Torture, is denied, where: 1) the administrative exhaustion requirement is satisfied as to particular issues when the agency, either on its own initiative or at the behest of some other party to the proceedings, has addressed those claims on the merits, regardless of whether the petitioner himself raised them, as occurred here; but 2) the adverse credibility determination must be upheld because it is adequately tied to substantial evidence in the record; and 3) the immigration judge did not abuse its discretion in denying petitioner's request for a continuance.

Appellate Information

• Decided 10/25/2013
• Published 10/25/2013

Judges

• SELYA

Court

• United States First Circuit

Counsel