U.S. Court of Appeals For the Seventh Circuit
Immigration – CAT
An alien facing removal may not raise new issues not raised before the BIA.
“While Duarte may have requested that the IJ and the Board consider the same evidence for other claims, he did not ask them to consider the same arguments that he now asks us to consider. To determine whether an issue has been raised at an earlier proceeding, courts look to whether a party actually argued it, not whether the argument bears some relation to the evidentiary record. Juarez v. Holder, 599 F.3d 560, 564 n.3 (7th Cir. 2010). To do otherwise would effectively eliminate waiver and preserve every issue for review. At no point in the earlier proceedings did Duarte argue that he would be tortured upon return to Mexico. Because no such arguments were made, neither the IJ nor the Board issued a ruling on the matter. For us to review this issue, we would have to speculate about which arguments Duarte would have made in earlier proceedings as well as the specific grounds for denying them. In other words, there is nothing for us to review.”
14-2276 Duarte-Salagosa v. Holder
On Petition for Review of an Order of the Board of Immigration Appeals, Manion, J.