Filed: Apr. 29, 2016
Latest Update: Mar. 02, 2020
Summary: Case: 15-60097 Document: 00513486295 Page: 1 Date Filed: 04/29/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-60097 Summary Calendar United States Court of Appeals Fifth Circuit FILED April 29, 2016 JEAN BERNARD CHIEDZIE, Lyle W. Cayce Clerk Petitioner v. LORETTA LYNCH, U.S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A205 356 802 Before DAVIS, JONES, and GRAVES, Circuit Judges. PER CURIAM: * Jean Bernard Chied
Summary: Case: 15-60097 Document: 00513486295 Page: 1 Date Filed: 04/29/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-60097 Summary Calendar United States Court of Appeals Fifth Circuit FILED April 29, 2016 JEAN BERNARD CHIEDZIE, Lyle W. Cayce Clerk Petitioner v. LORETTA LYNCH, U.S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A205 356 802 Before DAVIS, JONES, and GRAVES, Circuit Judges. PER CURIAM: * Jean Bernard Chiedz..
More
Case: 15-60097 Document: 00513486295 Page: 1 Date Filed: 04/29/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-60097
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
April 29, 2016
JEAN BERNARD CHIEDZIE,
Lyle W. Cayce
Clerk
Petitioner
v.
LORETTA LYNCH, U.S. ATTORNEY GENERAL,
Respondent
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A205 356 802
Before DAVIS, JONES, and GRAVES, Circuit Judges.
PER CURIAM: *
Jean Bernard Chiedzie, a native and citizen of Cameroon, petitions for
review of a decision by the Board of Immigration Appeals (BIA) dismissing his
appeal of the immigration judge’s (IJ) denial of his application for asylum,
withholding of removal, and relief under the Convention Against Torture
(CAT). He has abandoned any challenge to the denial of withholding of
removal or relief under the CAT by failing to brief those issues adequately.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 15-60097 Document: 00513486295 Page: 2 Date Filed: 04/29/2016
No. 15-60097
Yohey v. Collins,
985 F.2d 222, 224-25 (5th Cir. 1993); see also Soadjede v.
Ashcroft,
324 F.3d 830, 833 (5th Cir. 2003). Even if Chiedzie had briefed his
CAT claim, he failed to exhaust that claim because he did not argue to the BIA
that he was entitled to such relief, such that we lack jurisdiction to review it.
See 8 U.S.C. § 1252(d)(1); Wang v. Ashcroft,
260 F.3d 448, 452 (5th Cir. 2001).
As for his asylum claim, Chiedzie argues that he showed extraordinary
circumstances to excuse his untimely filing of that application and that the IJ
erred when he determined that Chiedzie was not credible. Generally, we have
authority to review only the decision of the BIA but will consider the IJ’s
decision if it influenced the determination of the BIA. Zhu v. Gonzales,
493
F.3d 588, 593 (5th Cir. 2007). Because the BIA agreed with the IJ’s findings
and conclusions, the IJ’s findings are reviewable. See Efe v. Ashcroft,
293 F.3d
899, 903 (5th Cir. 2002).
Whether the BIA improperly weighed or ignored evidence regarding
Chiedzie’s untimely filing involves questions of fact and does not raise a
constitutional or legal question, and thus we lack jurisdiction to address it. See
Nakimbugwe v. Gonzales,
475 F.3d 281, 284 & n.1 (5th Cir. 2007). Accordingly,
the asylum claim is dismissed for lack of jurisdiction. See
Zhu, 493 F.3d at
594-95.
DISMISSED in part; DENIED in part.
2