Gelmil Barrios v. Eric Holder, Jr. ( 2010 )

Case: 09-60746 Document: 00511162106 Page: 1 Date Filed: 07/02/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
July 2, 2010
No. 09-60746
Summary Calendar Lyle W. Cayce
Clerk
GELMIL H. BARRIOS,
Petitioner
v.
ERIC H. HOLDER, JR., U. S. ATTORNEY GENERAL,
Respondent
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A070 431 236
Before JOLLY, WIENER, and ELROD, Circuit Judges.
PER CURIAM:*
Petitioner Gelmil H. Barrios petitions for review of the Board of
Immigration Appeals’s (BIA) determination that he is not entitled to withholding
of removal. Barrios contends that he is entitled to withholding of removal
because of past persecution and the likelihood of future persecution on account
of his political opinion, membership in a particular social group, and religion.
Barrios presented evidence that he left Guatemala because of the violence
caused by the guerillas and the kidnapping of his uncle.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
Case: 09-60746 Document: 00511162106 Page: 2 Date Filed: 07/02/2010
No. 09-60746
Barrios did not present religion and membership in a particular social
group as bases for withholding of removal to the BIA. Therefore, he failed to
exhaust his administrative remedies as to these issues, and we lack jurisdiction
to consider them. See 8 U.S.C. § 1252(d)(1); Wang v. Ashcroft, 260 F.3d 448,
452-53 (5th Cir. 2001).
Barrios has not shown past persecution or the likelihood of future
persecution on account of his political opinion. See INS v. Elias-Zacarias, 502
U.S. 478, 482-83 (1992); Jukic v. INS, 40 F.3d 747, 749 (5th Cir. 1994).
Accordingly, substantial evidence supports the BIA’s determination that Barrios
is not entitled to withholding of removal. See Efe v. Ashcroft, 293 F.3d 899, 903
(5th Cir. 2002). The petition for review is DENIED.
2