Honcharov v. Barr

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The Ninth Circuit joined its sister circuits and held that the BIA does not per se err when it concludes that arguments raised for the first time on appeal do not have to be entertained. The panel held that the rationales supporting the practice of waiver and forfeiture hold in the context of removal proceedings in the Executive Office of Immigration review. The panel explained that the BIA is an appellate body whose function is to review, not create, a record, and it would be inappropriate to force it to consider new issues on appeal by judicial fiat. In this case, the BIA did not err by declining to consider petitioner's proposed particular social groups that were raised for the first time on appeal. Accordingly, the panel denied his petition for review. View "Honcharov v. Barr" on Justia Law