Filed: Aug. 22, 2006
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 August 22, 2006 Charles R. Fulbruge III Clerk No. 05-60606 Summary Calendar DORA ELENA SACALXOT BAUTISTA, Petitioner, versus ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL, Respondent. - Petition for Review of an Order of the Board of Immigration Appeals BIA No. A72-450-165 - Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges. PER CURIAM:* Dora Elena Sacalxot Bautista (Sacalxot), a ci
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT August 22, 2006 Charles R. Fulbruge III Clerk No. 05-60606 Summary Calendar DORA ELENA SACALXOT BAUTISTA, Petitioner, versus ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL, Respondent. - Petition for Review of an Order of the Board of Immigration Appeals BIA No. A72-450-165 - Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges. PER CURIAM:* Dora Elena Sacalxot Bautista (Sacalxot), a cit..
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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 August 22, 2006
Charles R. Fulbruge III
Clerk
No. 05-60606
Summary Calendar
DORA ELENA SACALXOT BAUTISTA,
Petitioner,
versus
ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL,
Respondent.
--------------------
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A72-450-165
--------------------
Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.
PER CURIAM:*
Dora Elena Sacalxot Bautista (Sacalxot), a citizen and
native of Guatemala, petitions this court to review the decision
of the Board of Immigration Appeals (BIA) affirming the denial of
her application for asylum and withholding of removal. Sacalxot
argues that the immigration judge (IJ) erred in finding that she
did not suffer past persecution on account of being a member in a
particular social group and that she did not have a well-founded
fear of future persecution if she returned to Guatemala. She
*
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this opinion should not be published and is not precedent except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. 05-60606
-2-
contends that her credible testimony was sufficient to prove that
the man she lived with and the father of her two children, Edgar
Machado, was a member of the guerrillas. She further contends
that her credible testimony was sufficient to prove that Machado
and her cousins were killed by the guerrillas and that the
guerrillas were looking for her in Guatemala.
Although the IJ determined that Sacalxot’s testimony was
credible, the IJ also determined that it was insufficient to
prove that Sacalxot suffered past persecution or that she had a
well-founded fear of future persecution if she was returned to
Guatemala. These findings by the IJ are supported by substantial
evidence and the evidence in the record does not compel a
contrary conclusion. See Carbajal-Gonzalez v. INS,
78 F.3d 194,
197 (5th Cir. 1996). Because the IJ correctly found that
Sacalxot failed to make the requisite showing for asylum, he was
also correct in finding that she could not meet the more
stringent standard for proving her eligibility for withholding of
removal. See Girma v. INS,
283 F.3d 664, 667 (5th Cir. 2002).
Sacalxot also challenges the IJ’s determination that she
failed to meet the hardship requirement for cancellation of
removal. However, this court does not have jurisdiction to
review the IJ’s discretionary determination, in rejecting
Sacalxot’s application for cancellation of removal, that Sacalxot
had not shown that her United States citizen daughter would
suffer an “exceptional and extremely unusual hardship.” See
No. 05-60606
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Rueda v. Ashcroft,
380 F.3d 821, 831 (5th Cir. 2004); 8 U.S.C.
§ 1252(a)(2)(B)(i).
Sacalxot does not challenge the IJ’s conclusions that she is
ineligible for special rule cancellation of removal under the
Nicaragua Adjustment and Central American Relief Act (NACARA) or
for voluntary departure. She also does not specifically
challenge the IJ’s conclusion that she is not entitled to relief
under the Convention Against Torture (CAT). She asserts that she
is entitled to relief under the CAT, but fails to state the
showing required or the evidence which she contends shows her
entitlement. Therefore, any issues relating to special rule
cancellation of removal under the NACARA, voluntary departure,
and relief under the CAT are deemed waived. See Calderon-
Ontiveros v. INS,
809 F.2d 1050, 1052 (5th Cir. 1986).
Finally, Sacalxot has not demonstrated sufficient prejudice
to prevail on her due process claims. See DeZavala v. Ashcroft,
385 F.3d 879, 883 (5th Cir. 2004).
Accordingly, the petition for review is DENIED IN PART and
DISMISSED IN PART FOR LACK OF JURISDICTION.