Samuel Saint Cyr v. U.S. Attorney General ( 2007 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
September 21, 2007
No. 06-16568 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
BIA No. A97-932-427
SAMUEL SAINT CYR,
Petitioner,
versus
U.S. ATTORNEY GENERAL,
Respondent.
________________________
Petition for Review of a Decision of the
Board of Immigration Appeals
_________________________
(September 21, 2007)
Before TJOFLAT, BARKETT, and HULL, Circuit Judges.
PER CURIAM:
Samuel Saint Cyr, a native and citizen of Haiti, through counsel, seeks
review of the Board of Immigration Appeals’ (BIA) decision affirming the
Immigration Judge’s (IJ) order finding him removable, denying his application for
asylum, withholding of removal, and relief under the United Nations Convention
Against Torture (CAT), and ordering him removed to Haiti.
On appeal, Saint Cyr argues that the IJ erred in not finding him credible
because his testimony was consistent with current country conditions in Haiti, and
any ambiguities between his testimony and application were clarified by later
testimony. In response, the government argues that Saint Cyr did not raise these
issues pertaining to credibility, relocation, or changed country conditions in his
appeal to the BIA.
We agree with the government that we lack jurisdiction to review Saint
Cyr’s claims, as he did not raise the claims made here before the BIA. See Amaya-
Artunduaga v. U.S. Att’y Gen., 463 F.3d 1247, 1250 (11th Cir. 2006) (holding that
we lacked jurisdiction to consider a claim where it was not raised before the BIA,
despite the BIA having addressed the claim sua sponte).
PETITION DENIED.
2