Filed: Nov. 01, 2005
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-1156 PIERRE MANGA, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A96-276-104) Submitted: September 28, 2005 Decided: November 1, 2005 Before WILKINSON, LUTTIG, and TRAXLER, Circuit Judges. Petition denied by unpublished per curiam opinion. Bokwe G. Mofor, Silver Spring, Maryland, for Petitioner. Paul J. McNulty, United States At
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-1156 PIERRE MANGA, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A96-276-104) Submitted: September 28, 2005 Decided: November 1, 2005 Before WILKINSON, LUTTIG, and TRAXLER, Circuit Judges. Petition denied by unpublished per curiam opinion. Bokwe G. Mofor, Silver Spring, Maryland, for Petitioner. Paul J. McNulty, United States Att..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1156
PIERRE MANGA,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A96-276-104)
Submitted: September 28, 2005 Decided: November 1, 2005
Before WILKINSON, LUTTIG, and TRAXLER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Bokwe G. Mofor, Silver Spring, Maryland, for Petitioner. Paul J.
McNulty, United States Attorney, Adam J. Berlin, Special Assistant
United States Attorney, Alexandria, Virginia, for Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Pierre Manga, a native and citizen of Cameroon, petitions
for review of an order of the Board of Immigration Appeals (Board)
affirming without opinion the decision of the immigration judge
denying his applications for asylum, withholding of removal, and
protection under the Convention Against Torture.*
Manga seeks to challenge the immigration judge’s finding
that he failed to file his asylum application within one year of
the date of his arrival in the United States. See 8 U.S.C.
§ 1158(a)(2)(B) (2000). We conclude that we lack jurisdiction to
review this determination pursuant to 8 U.S.C. § 1158(a)(3) (2000).
See Zaidi v. Ashcroft,
377 F.3d 678, 680-81 (7th Cir. 2004)
(collecting cases). Given this jurisdictional bar, we cannot
review the underlying merits of Manga’s asylum claim.
While we lack jurisdiction to consider the Board’s ruling
on the asylum claim, we retain jurisdiction to consider the denial
of Manga’s request for withholding of removal. See 8 C.F.R.
§ 1208.4(a) (2005). “To qualify for withholding of removal, a
petitioner must show that he faces a clear probability of
persecution because of his race, religion, nationality, membership
in a particular social group, or political opinion.” Rusu v. INS,
*
As Manga failed to raise a Convention Against Torture claim
before the Board, we lack jurisdiction over any challenge to the
denial of such protection. See 8 U.S.C. § 1252(d) (2000); Asika v.
Ashcroft,
362 F.3d 264, 267 n.3 (4th Cir. 2004), cert. denied,
125
S. Ct. 861 (2005).
- 2 -
296 F.3d 316, 324 n.13 (4th Cir. 2002) (citing INS v. Stevic,
467
U.S. 407, 430 (1984)). Based on our review of the record, we find
that substantial evidence supports the immigration judge’s holding,
as affirmed by the Board, that Manga failed to meet this standard.
Accordingly, we deny the petition for review. 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
- 3 -