Antunez-Pineda v. Garland ( 2021 )

Case: 19-60840 Document: 00515857259 Page: 1 Date Filed: 05/11/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
May 11, 2021
No. 19-60840
Lyle W. Cayce
Summary Calendar Clerk
Maximo Armando Antunez-Pineda,
Petitioner,
versus
Merrick Garland, U.S. Attorney General,
Respondent.
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A200 134 029
Before Jolly, Elrod, and Graves, Circuit Judges.
Per Curiam:*
Maximo Armando Antunez-Pineda, a native and citizen of Honduras,
petitions us to review his withholding of removal claim. He describes
experiencing an armed robbery and accompanying death threat that the
Immigration Judge determined was not persecution.
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 19-60840 Document: 00515857259 Page: 2 Date Filed: 05/11/2021
No. 19-60840
We are not compelled to reverse the findings of the Immigration Judge
in this case. Antunez-Pineda has not described harm rising to the level of
persecution. Gjetani v. Barr, 968 F.3d 393, 398 (5th Cir. 2020).
We cannot review the other claims made by Antunez-Pineda as they
are unexhausted and therefore not under our jurisdiction. Roy v. Ashcroft, 389
F.3d 132, 137 (5th Cir. 2004).
DENIED in part; DISMISSED in part.
2