Kapisauanhu v. Gonzales

Fifth Circuit

Kapisauanhu v. Gonzales

191 F. App'x 289

CourtCourt of Appeals for the Fifth Circuit

DecidedJuly 20, 2006

Docket05-60978

StatusUnpublished

This text of 191 F. App'x 289 (Kapisauanhu v. Gonzales) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Kapisauanhu v. Gonzales, 191 F. App'x 289 (5th Cir. 2006).

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Opinion

PER CURIAM: *

Tawuya Kapisauanhu, a native and citizen of Zimbabwe, has petitioned for review of an order of the Board of Immigration Appeals (BIA) affirming the immigration judge’s (IJ) decision denying her application for asylum, for withholding of removal, and for relief under the Convention Against Torture (CAT).

Kapisauanhu contends that her application for asylum application was wrongly denied as untimely. This court lacks jurisdiction to review this claim. See 8 U.S.C. § 1158(a)(3); Zhu v. Ashcroft, 382 F.3d 521, 527 (5th Cir.2004). Accordingly, this portion of the petition for review is DISMISSED.

With respect to the denial of withholding of removal, Kapisauanhu has failed to show that the record compels reversal of the finding of the BIA and IJ that she failed to give credible testimony that she is entitled to withholding of removal. Chun v. INS, 40 F.3d 76, 78 (5th Cir.1994); Mikhael v. INS, 115 F.3d 299, 302 (5th Cir.1997). With respect to the denial of relief under the CAT, Kapisauanhu has abandoned any challenge to the denial of that relief. See Rodriguez v. INS, 9 F.3d 408, 414 n. 15 (5th Cir.1993). The remainder of the petition seeking review of the BIA’s affirmance of the IJ’s denial of the applica *290 tion for withholding of removal and relief under the CAT is DENIED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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PER CURIAM: *

Tawuya Kapisauanhu, a native and citizen of Zimbabwe, has petitioned for review of an order of the Board of Immigration Appeals (BIA) affirming the immigration judge’s (IJ) decision denying her application for asylum, for withholding of removal, and for relief under the Convention Against Torture (CAT).

Kapisauanhu contends that her application for asylum application was wrongly denied as untimely. This court lacks jurisdiction to review this claim. See 8 U.S.C. § 1158(a)(3); Zhu v. Ashcroft, 382 F.3d 521, 527 (5th Cir.2004). Accordingly, this portion of the petition for review is DISMISSED.

With respect to the denial of withholding of removal, Kapisauanhu has failed to show that the record compels reversal of the finding of the BIA and IJ that she failed to give credible testimony that she is entitled to withholding of removal. Chun v. INS, 40 F.3d 76, 78 (5th Cir.1994); Mikhael v. INS, 115 F.3d 299, 302 (5th Cir.1997). With respect to the denial of relief under the CAT, Kapisauanhu has abandoned any challenge to the denial of that relief. See Rodriguez v. INS, 9 F.3d 408, 414 n. 15 (5th Cir.1993). The remainder of the petition seeking review of the BIA’s affirmance of the IJ’s denial of the applica *290 tion for withholding of removal and relief under the CAT is DENIED.

*

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.

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191 F. App'x 289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kapisauanhu-v-gonzales-ca5-2006.

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