Nazmul Maksud Murad v. U.S. Attorney General

565 F. App'x 848
CourtCourt of Appeals for the Eleventh Circuit
DecidedMay 13, 2014
Docket13-11059
StatusUnpublished

This text of 565 F. App'x 848 (Nazmul Maksud Murad v. U.S. Attorney General) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nazmul Maksud Murad v. U.S. Attorney General, 565 F. App'x 848 (11th Cir. 2014).

Opinion

PER CURIAM:

Nazmul Maksud Murad, a native and citizen of Bangladesh, petitions for review of the Board of Immigration Appeals’ (BIA’s) dismissal of his appeal of the Immigration Judge’s (IJ’s) denial of his application for asylum, withholding of removal, and relief under the United Nations Convention Against Torture (CAT). The IJ and the BIA found that Murad’s asylum application was untimely and that even if it were timely, Murad failed to establish eligibility for asylum. The IJ and the BIA also found that Murad was not entitled to withholding of removal under the Immigration and Nationality Act (INA) § 241(b)(3), 8 U.S.C. § 1231(b)(3), or under CAT.

On appeal, Murad argues that the BIA erred in affirming the denial of his application for asylum, but he does not address the IJ’s and the BIA’s findings that his application was time-barred. He also fails to address the denial of his claim for withholding of removal under the INA, arguing only that he is entitled to withholding or deferral of removal under CAT because he established that it is more likely than not that he would be tortured if removed to Bangladesh.

When the BIA issues a decision, we review only that decision except to the extent that the BIA expressly adopts the IJ’s decision. Al Najjar v. Ashcroft, 257 F.3d 1262, 1284 (11th Cir.2001). “Insofar as the [BIA] adopts the IJ’s reasoning, we will review the IJ’s decision as well.” Id. Here, the BIA expressly adopted the IJ’s decision and briefly articulated its reasons for doing so. Thus, we review the decisions of both the IJ and the BIA, and after careful consideration, we dismiss in part and deny in part Murad’s petition for review.

I. Asylum

We review our subject matter jurisdiction de novo. Gonzalez-Oropeza v. U.S. Att’y Gen., 321 F.3d 1331, 1332 (11th Cir.2003). Pursuant to 8 U.S.C. § 1158(a)(2)(B), an asylum application *850 must be filed within one year after the date of the alien’s arrival in the United States. 8 U.S.C. § 1158(a)(2)(B); Chacon-Botero v. U.S. Att’y Gen., 427 F.3d 954, 956 (11th Cir.2005). An untimely application “may be considered ... if the alien demonstrates ... either the existence of changed circumstances which materially affect the applicant’s eligibility for asylum or extraordinary circumstances relating to the delay in filing an application.” 8 U.S.C. § 1158(a)(2)(D); Chacon-Botero, 427 F.3d at 956.

“The determination of whether an alien can apply for asylum, however, is left exclusively to the Attorney General, and ‘[n]o court shall have jurisdiction to review any determination of the Attorney General’ regarding timeliness of the asylum application.” Chacon-Botero, 427 F.3d at 956 (quoting 8 U.S.C. § 1158(a)(3)); see also Mendoza v. U.S. Att’y Gen., 327 F.3d 1283, 1287 (11th Cir.2003) (stating that 8 U.S.C. § 1158(a)(3) “divests our Court of jurisdiction to review a decision regarding whether an alien complied with the one-year time limit or established extraordinary circumstances that would excuse his untimely filing”).

Here, although the BIA discussed various grounds for affirming the IJ’s denial of Murad’s application for asylum, it expressly adopted and affirmed the IJ’s finding that Murad’s asylum application was untimely and therefore time-barred, having been filed over a decade after Murad’s arrival in the United States. Because we lack jurisdiction to review the decision as to the timeliness of Murad’s asylum application, and because the untimeliness of the application provides an independent and sufficient ground for the IJ’s and the BIA’s denial of the application, we dismiss Murad’s petition for review as to this issue.

II. Withholding of Removal Under the INA

As to Murad’s claim for withholding of removal under the INA, we note that Murad has not raised any argument regarding the denial of that claim in his briefs on appeal. We therefore find that he has abandoned the issue. See Sepulveda v. U.S. Att’y Gen., 401 F.3d 1226, 1228 n. 2 (11th Cir.2005) (noting that when an appellant fails to offer argument on an issue, that issue is abandoned).

An appellant adequately raises an issue on appeal when he specifically and clearly identifies the issue in his opening brief and plainly and prominently indicates that he is raising the issue for review, such as by dedicating a discrete section of his argument to that issue. Cole v. U.S. Att’y Gen., 712 F.3d 517, 530 (11th Cir.), cert. denied, — U.S. —, 134 S.Ct. 158, 187 L.Ed.2d 40 (2013). Here, Murad only mentioned the denial of his claim for withholding of removal under the INA in his Statement of the Case, and he failed to even address the issue in his argument, much less dedicate a discrete section of his argument to the issue. Moreover, he challenged the IJ’s and the BIA’s factual findings only in the context of his claims for asylum and CAT relief. Murad has therefore abandoned the issue of the denial of withholding of removal under the INA. See id. (“If the party mentions the issue only in his Statement of the Case but does not elaborate further in the Argument section, the party has abandoned that issue.”).

III. CAT Relief

As to Murad’s claim for withholding or deferral of removal under CAT, the BIA expressly adopted the IJ’s finding that Murad failed to establish eligibility for CAT protection. We agree.

We review legal determinations de novo, Cole, 712 F.3d at 523, but we review factu *851 al findings, including credibility determinations, under the highly deferential substantial evidence test. Todorovic v. U.S. Att’y Gen., 621 F.3d 1318, 1323 (11th Cir.2010).

Under the substantial evidence test, we view the record evidence in the light most favorable to the agency’s decision and draw all reasonable inferences in favor of that decision....

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565 F. App'x 848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nazmul-maksud-murad-v-us-attorney-general-ca11-2014.