Kroni v. Gonzales
Docket: No. 04-4250-ag
Court: Court of Appeals for the Second Circuit; May 3, 2006; Federal Appellate Court
Rita Kroni's petition for review of the BIA's July 2004 decision is denied. The BIA affirmed the immigration judge's (IJ) order that denied Kroni's applications for asylum, withholding of removal, and Convention Against Torture (CAT) relief, and ordered her removal. While Kroni contends that the IJ's credibility determination was vague, the Court notes that the IJ did not base his decision on credibility but rather found that Kroni failed to establish a nexus between her alleged harm and a protected ground. Kroni argues that the IJ mischaracterized the basis of her persecution, claiming it was due to her membership in a social group of individuals who refuse police orders, rather than political opinion. However, this argument was not presented to the BIA; instead, she previously asserted a connection to her political affiliation or her status as a young, independent woman. The Court lacks jurisdiction to review this new argument due to failure to exhaust it before the agency, as required by 8 U.S.C. § 1252(d)(1). Consequently, the petition for review is denied, any stay of removal is vacated, and any pending motions for a stay are deemed moot. Requests for oral argument are also denied.