Momin v. Gonzales

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 4, 2005
• Docket: 04-60230
• Status: Unpublished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 April 4, 2005

Charles R. Fulbruge III Clerk No. 04-60230 Summary Calendar

SADRUDDIN MOMIN,

Petitioner

v.

ALBERTO R GONZALES, US ATTORNEY GENERAL

Respondent

-------------------- Petition for Review of an Order of the Board of Immigration Appeals BIA No. A78 555 109 --------------------

Before KING, Chief Judge, and HIGGINBOTHAM and PRADO, Circuit Judges.

PER CURIAM:*

Sadruddin Momin petitions this court to review the decision

of the Board of Immigration Appeals (BIA) denying relief on his

application for asylum and withholding of removal. As to his

asylum application, Momin challenges the BIA’s determination that

his application was untimely under 8 U.S.C. § 1158(a)(2). This

court lacks jurisdiction to review the BIA’s determination that

Momin’s asylum application was untimely. 8 U.S.C. § 1158(a)(3).

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 04-60230 -2-

Momin argues that the BIA erred in denying his application

for withholding of removal. Substantial evidence supports the

BIA’s determination that Momin has not met his burden to

establish an entitlement to withholding of removal. See Efe

v. Ashcroft, 293 F.3d 899, 906 (5th Cir. 2002); 8 C.F.R.

§ 208.16(b).

Momin’s petition for review is DENIED.