Fesshaye v. Ashcroft ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS December 24, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-60393
Summary Calendar
GIRMAY NEGASH FESSHAYE,
Petitioner,
versus
JOHN ASHCROFT, U.S. ATTORNEY GENERAL,
Respondent.
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Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A76 434 502
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Before HIGGINBOTHAM, DAVIS, and PRADO, Circuit Judges.
PER CURIAM:*
Girmay Negash Fesshaye, a native and citizen of Eritrea,
petitions for review of the final order of the Board of
Immigration Appeals (“BIA”) dismissing his appeal from the
decision of the Immigration Judge (“IJ”) denying his application
for asylum as untimely; denying withholding of removal under the
Immigration and Nationality Act (“INA”); and denying voluntary
departure.
*
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this opinion should not be published and is not precedent except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. 03-60393
-2-
This court lacks jurisdiction to consider the BIA’s
determination that Fesshaye filed an untimely asylum application
and failed to meet an exception for waiving the deadline.
See 8 U.S.C. § 1158(a)(3); see also Shahzad v. Ashcroft, No. 02-
60025 (Oct. 9, 2002), slip op. at 2 (unpublished).
The BIA’s dismissal of Fesshaye’s appeal from the IJ’s
denial of withholding of removal is supported by substantial
evidence. See INS v. Elias-Zacarias, 502 U.S. 478, 483–84
(1992); see also Berhane v. Ashcroft, No. 03-60045 (5th Cir. Oct.
15, 2003), slip op. 1–2 (unpublished).
Because Fesshaye has not briefed the denial of voluntary
departure, that issue is abandoned. See Rodriguez v. INS, 9 F.3d
408, 414 n.15 (5th Cir. 1993); Yohey v. Collins, 985 F.2d 222,
224-25 (5th Cir. 1993).
PETITION DENIED.