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Perez v. Holder

United States Court of Appeals, Fifth Circuit
Oct 13, 2010
398 F. App'x 40 (5th Cir. 2010)

Opinion

No. 09-60820 Summary Calendar.

October 13, 2010.

Kyle David Brown, Law Office of Kyle D. Brown, P.C., McAllen, TX, for Petitioner.

Aric Allan Anderson, Briena Lorraine Strippoli, Esq., Trial Attorneys, Tangerlia Cox, U.S. Department of Justice Office of Immigration Litigation, Washington, DC, for Respondent.

Petition for Review of an Order of the Board of Immigration Appeals, BIA No. A022 788 289.

Before KING, BENAVIDES, and ELROD, Circuit Judges.


Pablo Tiburcio Morales Perez (Morales), a native and citizen of Cuba, petitions this court to review the decision of the Board of Immigration Appeals (BIA) dismissing his appeal from an Immigration Judge's (IJ) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture. Morales argues that his forced participation in the Mariel boatlift constitutes past persecution and contends that he was persecuted by Cuban authorities because of his political opinions and his status as a military deserter. He does not argue that he should have been granted withholding of removal or relief under the Convention Against Torture.

Morales did not argue to the IJ or the BIA that he was persecuted by being forced to leave Cuba in the Mariel boatlift. As this issue is unexhausted, we lack jurisdiction to consider it. See Omari v. Holder, 562 F.3d 314, 317-19 (5th Cir. 2009); Wang v. Ashcroft, 260 F.3d 448, 452-53 (5th Cir. 2001); 8 U.S.C. § 1252(d)(1). Morales has abandoned any argument concerning the BIA's determination that he failed to demonstrate past persecution or a likelihood of future persecution by failing to brief the issue on appeal. See Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003).

Accordingly, the petition for review is DISMISSED FOR LACK OF JURISDICTION IN PART and DENIED IN PART.


Summaries of

Perez v. Holder

United States Court of Appeals, Fifth Circuit
Oct 13, 2010
398 F. App'x 40 (5th Cir. 2010)
Case details for

Perez v. Holder

Case Details

Full title:Pablo Tiburcio Morales PEREZ, Petitioner v. Eric H. HOLDER, Jr., U.S…

Court:United States Court of Appeals, Fifth Circuit

Date published: Oct 13, 2010

Citations

398 F. App'x 40 (5th Cir. 2010)