U.S. Court of Appeals for the Fourth Circuit, 2005

Diawara v. Gonzales

Diawara v. Gonzales
U.S. Court of Appeals for the Fourth Circuit · Decided April 20, 2005 · Duncan, Luttig, Per Curiam, Wilkinson
126 F. App'x 132

Diawara v. Gonzales

Opinion

PER CURIAM:

Mohamed Lamine Diawara, a native and citizen of Guinea, petitions for review of an order of the Board of Immigration Appeals (“Board”) affirming, without opinion, the decision of the immigration judge (“IJ”) denying asylum, withholding of deportation, and relief under the Convention Against Torture. We dismiss the petition for lack of jurisdiction.

Diawara challenges the IJ’s findings that his asylum application was untimely and he failed to establish extraordinary circumstances for an exception under 8 U.S.C. § 1158(a)(2) (2000). We conclude that we lack jurisdiction to review this claim or the merits of his asylum application. See 8 U.S.C. § 1158(a)(3) (2000); Zaidi v. Ashcroft, 377 F.3d 678, 680-81 (7th Cir. 2004). We also lack jurisdiction over Diawara’s challenges to the IJ’s denial of withholding of deportation and relief under the Convention Against Torture because he failed to properly exhaust these claims in his appeal to the Board. See 8 U.S.C. § 1252(d) (2000); Asika v. Ashcroft, 362 F.3d 264, 267 n. 3 (4th Cir. 2004).

Accordingly, we dismiss the petition for review. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials be *133 fore the court and argument would not aid the decisional process.

PETITION DISMISSED

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