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Goonsuwan v. Ashcroft

When a petitioner seeks to raise a claim not presented to the Board of Immigration Appeals and the claim is one that the BIA has adequate mechanisms to address and remedy, the petitioner must raise the issue in a motion to reopen prior to resorting to review by the courts.

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Appeal from the United States District Court for the Northern District of Texas

Anirut Goonsuwan, also known as Dong Manucy, the name given to him when he was adopted by his step-father, came to the United States from Thailand with his mother and sister in 1975. From the age of four, Goonsuwan was raised in the United States by his mother and step-father, an Air Force officer. He is unfamiliar with his native Thailand. Goonsuwan does not speak the Thai language and, since his departure, has lost all contact with his relatives in Thailand. The only life and family he knows is here in the United States.

In 1990, in two separate incidents, Goonsuwan was convicted for the offenses of burglary of a motor vehicle and burglary of a habitation. On June 6, 1994, the INS issued an Order to Show Cause charging Goonsuwan as being deportable pursuant to � 241(a)(2)(A)(ii) of the Immigration and Nationality Act (INA), 8 U.S.C. � 1251(a)(2)(A)(ii), in that at any time after entry, Goonsuwan had been convicted of two crimes involving moral turpitude not arising out of a single scheme of criminal misconduct. Goonsuwan conceded deportability and applied for a waiver of deportation under � 212(c) of the INA, 8 U.S.C. � 1182(c). *fn2 Balancing the factors outlined in Matter of Marin, 16 I&N Dec. 581 (BIA 1978), the immigration judge found that the adverse factors evidencing Goonsuwan’s undesirability as a permanent resident outweighed the social and humane factors presented in his favor. The immigration judge therefore denied Goonsuwan’s application for a waiver. Goonsuwan appealed the immigration judge’s denial of a waiver to the Board of Immigration Appeals (“BIA” or “the Board”). Goonsuwan, represented by the same counsel as at his deportation hearing, did not raise an ineffective assistance of counsel claim before the BIA. The BIA denied his appeal on the merits.

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