Alvarado v. Holder ( 2009 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
May 6, 2009
No. 08-60485
Summary Calendar Charles R. Fulbruge III
Clerk
OBIDIO A ALVARADO
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. A29 916 199
Before DAVIS, GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Obidio A. Alvarado petitions this court for review of the Board of
Immigration Appeals’s (BIA’s) summary dismissal of his appeal. Alvarado fails
to address the BIA’s reasons for the summary dismissal, specifically the BIA’s
conclusions that his notice of appeal failed to “meaningfully apprise the Board
of the specific reasons underlying the challenge to the Immigration Judge’s
decision,” that his brief was untimely, and that he failed to “reasonably explain”
*
Pursuant to 5 TH C IR. 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should not be published and is not precedent except under the limited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 5 TH C IR. R. 47.5.4.
No. 08-60485
his failure to file a timely brief. Accordingly, any arguments relating to the
BIA’s summary dismissal of his appeal are abandoned. Soadjede v. Ashcroft, 324
F.3d 830, 833 (5th Cir. 2003).
Further, because Alvarado failed to exhaust his claims by presenting them
to the BIA, we are without jurisdiction to review the claims. See 8 U.S.C.
§ 1252(d)(1);Toledo-Hernandez v. Mukasey, 521 F.3d 332, 336 (5th Cir. 2008);
Townsend v. INS, 799 F.2d 179, 181-82 (5th Cir. 1986) (conclusional statements
in the notice of appeal did not preserve claim for the BIA’s review).
PETITION DISMISSED.
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