Karaj v. Gonzales

Elida Karaj ("Elida"), her husband, Avdyl Karaj ("Avdyl"), and their two minor sons, Abli and Amir, petition for review of an order of the Board of Immigration Appeals ("BIA") that summarily affirmed an immigration judges ("IJ") order directing the Karajs removal and denying their requests for asylum pursuant to 8 U.S.C. § 1158(b)(1), withholding of removal pursuant to 8 U.S.C. § 1231(b)(3)(A), and relief under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ("CAT"), adopted by UN Gen. Assembly December 10, 1984, S. Treaty Doc. No.100-20 (1988), 1465 U.N.T.S. 85. We dismiss petitioners withholding-of-removal and CAT claims because petitioners failed to exhaust their administrative remedies. However, we hold that the Karajs did exhaust their administrative remedies with respect to their asylum claim, and we remand for further findings based on lack of clarity in the IJs decision concerning the reasons why he denied the Karajs relief and a significant error in his statement of the standard the Karajs must satisfy to be entitled to asylum.