El Hennawi v. Garland ( 2023 )

Case: 22-60373 Document: 00516647158 Page: 1 Date Filed: 02/15/2023
United States Court of Appeals
for the Fifth Circuit
____________ United States Court of Appeals
Fifth Circuit
No. 22-60373
FILED
February 15, 2023
Summary Calendar
____________ Lyle W. Cayce
Clerk
Salah Said Omar El Hennawi,
Petitioner,
versus
Merrick Garland, U.S. Attorney General,
Respondent.
_____________________________
Petition for Review of an Order of the
Board of Immigration Appeals
Agency No. A095 127 514
______________________________
Before Higginbotham, Graves, and Ho, Circuit Judges.
Per Curiam: *
Salah Said Omar El Hennawi, a native and citizen of Egypt, petitions
this court for review of an order of the Board of Immigration Appeals (BIA)
affirming an order of the Immigration Judge (IJ) ordering him removed to
Egypt and denying his request for deferral of removal under the Convention
Against Torture (CAT). We lack jurisdiction to consider his claim that the
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-60373 Document: 00516647158 Page: 2 Date Filed: 02/15/2023
No. 22-60373
IJ failed to consider the evidence in the aggregate because it was not first
presented to the BIA. See Martinez-Guevara v. Garland, 27 F.4th 353, 359-
60 (5th Cir. 2022); 8 U.S.C. § 1252(d)(1).
His challenge to the determination that he was ineligible for CAT
protection is reviewed for substantial evidence. Chen v. Gonzales, 470 F.3d
1131, 1134 (5th Cir. 2006). He has not shown that the evidence compels a
conclusion that he more likely than not will be tortured if repatriated and thus
has not met this standard. See Aviles-Tavera v. Garland, 22 F.4th 478, 486
(5th Cir. 2022); Wang v. Holder, 569 F.3d 531, 537 (5th Cir. 2009).
Additionally, there is no need to consider his remaining arguments
concerning credibility and the admission of evidence. See INS v.
Bagamasbad, 429 U.S. 24, 25 (1976). The petition for review is DENIED in
part and DISMISSED in part.
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