Pena Laverde v. Ashcroft ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT December 13, 2004
Charles R. Fulbruge III
Clerk
03-60609
Summary Calendar
FELIPE GUILLERMO PENA LAVERDE,
Petitioner,
versus
JOHN ASHCROFT, U.S. ATTORNEY GENERAL,
Respondent.
Petition for Review of an Order of the
Board of Immigration Appeals
(BIA No. A79 470 556)
Before JONES, BARKSDALE, and PRADO, Circuit Judges.
PER CURIAM:*
Felipe Guillermo Pena Laverde petitions for review of the
Board of Immigration Appeals’ (BIA) denial of his motion to reopen
and for reconsideration of the Immigration Judge’s (IJ) decision.
The IJ denied Laverde’s application for asylum and withholding of
removal. Laverde contends the IJ erred because there was
unequivocal evidence that he will be persecuted due to his
membership in a particular social group if he is returned to
Colombia.
*
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this opinion should not be published and is not precedent except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.
Laverde’s petition for review was timely only as to, and
sought review only of, the BIA’s denial of his motion to reopen and
for reconsideration. See Stone v. INS, 514 U.S. 386, 395 (1995).
Accordingly, we have jurisdiction to review only whether BIA’s
denial was an abuse of discretion. See Karimian-Kaklaki v. INS,
997 F.2d 108, 113 (5th Cir. 1993).
Laverde has not addressed the reasons advanced in the BIA’s
denial of his motion to reopen and for reconsideration. Review of
this issue is, therefore, waived. See Soadjede v. Ashcroft, 324
F.3d 830, 832 (5th Cir. 2003); see also Brinkmann v. Dallas County
Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987).
DENIED
2