Filed: May 04, 2004
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT May 4, 2004 Charles R. Fulbruge III Clerk No. 03-60653 Summary Calendar NIXON JAVIER LASA-GARCIA, Petitioner, versus JOHN ASHCROFT, U.S. ATTORNEY GENERAL, Respondent. - Petition for Review of an Order of the Board of Immigration Appeals BIA No. A75-237-323 - Before JONES, BENAVIDES, and CLEMENT, Circuit Judges. PER CURIAM:* Nixon Javier Lasa-Garcia, a native and citizen of El Salvad
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT May 4, 2004 Charles R. Fulbruge III Clerk No. 03-60653 Summary Calendar NIXON JAVIER LASA-GARCIA, Petitioner, versus JOHN ASHCROFT, U.S. ATTORNEY GENERAL, Respondent. - Petition for Review of an Order of the Board of Immigration Appeals BIA No. A75-237-323 - Before JONES, BENAVIDES, and CLEMENT, Circuit Judges. PER CURIAM:* Nixon Javier Lasa-Garcia, a native and citizen of El Salvado..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT May 4, 2004
Charles R. Fulbruge III
Clerk
No. 03-60653
Summary Calendar
NIXON JAVIER LASA-GARCIA,
Petitioner,
versus
JOHN ASHCROFT, U.S. ATTORNEY GENERAL,
Respondent.
--------------------
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A75-237-323
--------------------
Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Nixon Javier Lasa-Garcia, a native and citizen of El
Salvador, petitions this court for review of the Board of
Immigration Appeals’ (BIA) affirmance of the Immigration Judge’s
(IJ) denial of his applications for political asylum and
withholding of removal. Lasa-Garcia argues that the evidence was
sufficient to support a finding of past persecution and a well-
founded fear of future persecution based on his political
opinion. Lasa-Garcia asserts that the murder of his father
*
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that this opinion should not be published and is not precedent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.
No. 03-60653
-2-
constitutes de facto past persecution. He contends that this
form of persecution is so severe that asylum should be granted,
regardless whether changed conditions have dispelled any well-
founded fear of future persecution. Although Lasa-Garcia
identifies the standard of review for withholding of removal
applications, he fails to address this issue in the body of his
brief. Accordingly, the withholding of removal claim is deemed
abandoned. See Calderon-Ontiveros v. INS,
809 F.2d 1050, 1052
(5th Cir. 1986) (issues not briefed are waived).
When, as in this case, the BIA adopts without opinion the
IJ’s decision, this court reviews the IJ’s decision. Mikhael v.
I.N.S.,
115 F.3d 299, 302 (5th Cir. 1997). Here, the IJ’s
determination that Lasa-Garcia had not shown past persecution or
a well-founded fear of future persecution if returned to El
Salvador was supported by substantial evidence. See
Ontunez-Tursios v. Ashcroft,
303 F.3d 341, 350 (5th Cir. 2002);
Gomez-Mejia v. I.N.S.,
56 F.3d 700, 702 (5th Cir. 1995).
Accordingly, Lasa-Garcia’s petition for review is DENIED.