Filed: Apr. 08, 2005
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-1546 ABDYKAR TOKTOBEKOVICH SYDYKOV, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of Orders of the Board of Immigration Appeals. (A79-498-493) Submitted: February 25, 2005 Decided: April 8, 2005 Before WILKINSON and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Brian E. Mezger, LAW OFFICE OF BRIAN E. MEZGER, ESQU
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-1546 ABDYKAR TOKTOBEKOVICH SYDYKOV, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of Orders of the Board of Immigration Appeals. (A79-498-493) Submitted: February 25, 2005 Decided: April 8, 2005 Before WILKINSON and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Brian E. Mezger, LAW OFFICE OF BRIAN E. MEZGER, ESQUI..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1546
ABDYKAR TOKTOBEKOVICH SYDYKOV,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of Orders of the Board of Immigration
Appeals. (A79-498-493)
Submitted: February 25, 2005 Decided: April 8, 2005
Before WILKINSON and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Brian E. Mezger, LAW OFFICE OF BRIAN E. MEZGER, ESQUIRE, Bethesda,
Maryland, for Petitioner. Peter D. Keisler, Assistant Attorney
General, M. Jocelyn Lopez Wright, Assistant Director, Carol
Federighi, Office of Immigration Litigation, 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Unpublished opinions are not binding precedent in this circuit.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:
Abdykar Toktobekovich Sydykov, a native and citizen of
Kyrgyzstan, petitions for review of the Board of Immigration
Appeals’ orders affirming without opinion the immigration judge’s
decision denying asylum, withholding of removal, and relief under
the Convention Against Torture to Sydykov, his wife Nurjamal
Smanalyevna Sydykova, and sons Altynbek Abdykarovich Sydykov and
Aibek Abdykar Uulu, as riders on Sydykov’s applications.
Sydykov challenges the immigration judge’s rulings that
he failed to establish persecution on account of a protected ground
by an organization that the government is unable or unwilling to
control, and he therefore failed to sustain his burden of proving
eligibility for asylum. To obtain reversal of a determination
denying eligibility for relief, an alien “must show that the
evidence he presented was so compelling that no reasonable
factfinder could fail to find the requisite fear of persecution.”
INS v. Elias-Zacarias,
502 U.S. 478, 483-84 (1992). We have
reviewed the evidence of record and conclude Sydykov fails to show
the evidence compels a contrary result.
We find we lack jurisdiction over Sydykov’s challenges to
the immigration judge’s denial of withholding of removal and relief
under the Convention Against Torture because he failed to properly
exhaust these claims in his appeal to the Board. See 8 U.S.C.
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§ 1252(d) (2000); Asika v. Ashcroft,
362 F.3d 264, 267 n.3 (4th
Cir. 2004), cert. denied,
125 S. Ct. 861 (2005).
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
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