071317P.pdf   08/05/2008  Anar Rafiyev  v.  Michael B. Mukasey
   U.S. Court of Appeals Case No:  07-1317
                          and No:  07-2406
   Board of Immigration Appeals   
   [PUBLISHED] [Colloton, Author, with Bye and Smith, Circuit Judges]
   Petition for Review - Immigration. Substantial evidence supported the
   Immigration Judge's credibility determination as the record supported the
   conclusion that at least four of petitioner's documents were frauds; record
   did not establish that the government violated federal regulations
   concerning confidentiality when processing asylum applications; denial
   of application for asylum was not manifestly contrary to law or an abuse
   of discretion; similarly, the BIA's denial of application for withholding of
   removal and relief under the Convention Against Torture are affirmed;
   court would not address the argument that the IJ erred in finding
   petitioner submitted a frivolous application for asylum as he failed to
   exhaust his remedies with respect to the issue; there is no constitutional
   right under the Fifth Amendment to effective assistance of counsel in a
   removal proceeding; while the BIA did not err in rejecting petitioner's
   motion to reopen to the extent it was based on a claim that he was denied
   a constitutional right to counsel, the matter is remanded to the BIA to
   address petitioner's alternative argument that the BIA should exercise its
   discretionary ability to reopen based on a claim of ineffective assistance.