The petitioner sought review in the Third Circuit of the denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture. He argued that the underlying proceedings were tainted by due process violations. As a threshold issue, the Third Circuit ruled that the petitioner’s claims that he lacked the capacity to participate in the immigration proceedings sounded in constitutional due process and may be exempt from exhaustion before the Bureau of Immigration Appeals or the Immigration Judge. On the merits, though, the Court held that the record specifically belied the petitioner’s claims.
