Hamud v. Ashcroft

U.S. Court of Appeals for the Fifth Circuit

Hamud v. Ashcroft

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-60259 Summary Calendar

YASSIN SHEIK HAMUD,

Petitioner,

versus

JOHN ASHCROFT, U.S. ATTORNEY GENERAL,

Respondent.

-------------------- Petition for Review of an Order of the Board of Immigration Appeals BIA No. A77 008 260 -------------------- March 7, 2003

Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.

PER CURIAM:*

Yassin Sheik Hamud is a native of Somalia who attempted to

enter this country in May 1999 with a fraudulent passport. This

fraud was discovered, and removal proceedings were instituted

against him. He conceded deportability and sought asylum,

withholding of removal, and, in the alternative, voluntary

departure. After conducting a hearing, an immigration judge

denied all of his claims and ordered him removed from the United

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-60259 -2-

States. The Board of Immigration Appeals (BIA) dismissed Hamud’s

appeal pursuant to

8 C.F.R. § 3.1

(d)(2)(i)(D) because he failed

to file a brief or statement after indicating that he would do so

in his notice of appeal. Hamud now petitions this court for

review of the BIA’s decision. Hamud has failed to brief, and has

thus waived, the central issue whether the BIA erred in summarily

dismissing his appeal. See Strong v. BellSouth Telecomms. Inc.,

137 F.3d 844

, 853 (5th Cir. 1998). Because he has waived this

issue, he has not shown that the BIA erred in relying on

8 C.F.R. § 3.1

(d)(2)(i)(D) to summarily dismiss his appeal. Accordingly,

his petition for review is DENIED.

Reference

Status
Unpublished