The following excerpt is from Baghdassarian v. I.N.S., 894 F.2d 409 (9th Cir. 1990):
Finally, Baghdassarian contends he was denied due process because the Immigration Judge coerced him into withdrawing his application for asylum and waiving his appeal. There are no facts in the record to support this contention. Any such claim must be presented in a petition to reopen or to reconsider or by means of some other appropriate motion which will permit applicant to seek to make the necessary factual record below. At present, this court is without jurisdiction to consider Baghdassarian's affirmative misconduct claims. See Abedi-Tajrishi v. INS, 752 F.2d 441, 443 (9th Cir.1985) (this court lacks jurisdiction to consider a petitioner's affirmative misconduct claims which raise factual issues that have not been afforded an adequate hearing).
The petition for review is DISMISSED.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.