Filed: Feb. 17, 2004
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-1548 HAFEEZUL HAQUE SIDDIQUI; AYESHA HAFEEZ; SUHA HAFEEZ, Petitioners, versus JOHN ASHCROFT, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A76-898-812; A76-898-813; A76-898-814) Submitted: December 15, 2003 Decided: February 17, 2004 Before WILKINSON, WILLIAMS, and TRAXLER, Circuit Judges. Petition denied by unpublished per curiam opinion. Andrew S. Tulumello, Jason A
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-1548 HAFEEZUL HAQUE SIDDIQUI; AYESHA HAFEEZ; SUHA HAFEEZ, Petitioners, versus JOHN ASHCROFT, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A76-898-812; A76-898-813; A76-898-814) Submitted: December 15, 2003 Decided: February 17, 2004 Before WILKINSON, WILLIAMS, and TRAXLER, Circuit Judges. Petition denied by unpublished per curiam opinion. Andrew S. Tulumello, Jason An..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-1548
HAFEEZUL HAQUE SIDDIQUI; AYESHA HAFEEZ; SUHA
HAFEEZ,
Petitioners,
versus
JOHN ASHCROFT, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A76-898-812; A76-898-813; A76-898-814)
Submitted: December 15, 2003 Decided: February 17, 2004
Before WILKINSON, WILLIAMS, and TRAXLER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Andrew S. Tulumello, Jason Anthony, Kristina Marlow, GIBSON, DUNN &
CRUTCHER, L.L.P., Washington, D.C., for Petitioners. Peter D.
Keisler, Assistant Attorney General, Donald E. Keener, Deputy
Director, Greg D. Mack, Senior Litigation Counsel, Office of
Immigration Litigation, Civil Division, UNITED STATES DEPARTMENT OF
JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Hafeezul Haque Siddiqui, a native and citizen of
Pakistan, petitions this court for review of an order of the Board
of Immigration Appeals (Board) affirming a decision of the
immigration judge (IJ) finding him removable and denying his
applications for asylum and withholding of removal.* The claims of
Hafeez’s wife and child, Ayesha and Suha, are derivative of
Hafeez’s claim. See 8 C.F.R. § 1207.7 (2003).
Hafeez challenges the Board’s decision that he failed to
demonstrate he is a refugee based on past persecution or a well-
founded fear of future persecution on account of a protected
ground. See 8 U.S.C.A. § 1158 (West 1999 & Supp. 2003); 8 U.S.C.
§ 1101(a)(42)(A) (2000). The record supports the Board’s
conclusion. See 8 C.F.R. § 1208.13(a) (2003) (the burden of proof
is on the alien to establish eligibility for asylum). We will
reverse the Board only if the evidence “‘was so compelling that no
reasonable fact finder could fail to find the requisite fear of
persecution.’” Rusu v. INS,
296 F.3d 316, 325 n.14 (4th Cir. 2002)
(quoting INS v. Elias-Zacarias,
502 U.S. 478, 483-84 (1992)). We
have reviewed the administrative record, the IJ’s decision, and the
decision of the Board, and find that substantial evidence supports
*
As Hafeez has failed to challenge on appeal the denial of
withholding and relief under the Convention Against Torture, these
claims are waived. See Fed. R. App. P. 28(a)(6); Edwards v. City of
Goldsboro,
178 F.3d 231, 241 n.6 (4th Cir. 1999); 11126 Baltimore
Blvd., Inc. v. Prince George’s County, Md.,
58 F.3d 988, 993 n.7
(4th Cir. 1995).
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the Board’s ruling that Hafeez failed to establish his refugee
status.
We deny Hafeez’s petition for review. We deny the
Attorney General’s motion to designate the administrative record as
a supplemental joint appendix and Hafeez’s motion to file an
amended opening brief. We dispense with oral argument because the
facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the
decisional process.
PETITION DENIED
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