Mazariegos-Diaz v. Gonzales

• Court: Court of Appeals for the Fifth Circuit
• Decided: January 13, 2006
• Docket: 04-60652
• Status: Unpublished

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT January 13, 2006

Charles R. Fulbruge III Clerk No. 04-60652 Summary Calendar

FREDY EMETELIO MAZARIEGOS-DIAZ,

Petitioner,

versus

ALBERTO R. GONZALEZ, U.S. ATTORNEY GENERAL,

Respondent.

-------------------- Petition for Review of an Order of the Board of Immigration Appeals BIA No. A77 761 173 --------------------

Before JONES, WIENER, and DeMOSS, Circuit Judges.

PER CURIAM:*

Fredy Emetelio Mazariegos-Diaz, a native and citizen of

Guatemala, petitions this court for review of the Board of

Immigration Appeals’ (“BIA”) decision affirming the Immigration

Judge’s (“IJ”) denial of Mazariegos-Diaz’s application for asylum,

withholding of removal, and relief under the Convention Against

Torture (“CAT”).

Mazariegos-Diaz has failed to challenge the IJ’s adverse

credibility determination in his petition for review and, thus, any

challenge to this determination is waived. See Thuri v. Ashcroft,

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 380 F.3d 788, 793 (5th Cir. 2004). Mazariegos-Diaz has also failed

to challenge the IJ’s denial of his application for asylum or

relief under the CAT. Therefore, these issues are also waived.

See id. Accordingly, Mazariegos-Diaz’s petition for review is

DENIED.