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

Minengu v. Gonzales

Minengu v. Gonzales
U.S. Court of Appeals for the Fifth Circuit · Decided June 21, 2005 · Jones, Barksdale, Prado
135 F. App'x 708

Minengu v. Gonzales

Opinion

PER CURIAM: *

Justine Mpuyu Minengu petitions this court to review the decision of the Board of Immigration Appeals (BIA) not to reopen its proceedings denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). This court is without jurisdiction to review the BIA’s denial of *709 Minengu’s motion to reopen the proceedings because she has not filed in this court a petition for review of that BIA decision. Stone v. INS, 514 U.S. 386, 394, 115 S.Ct. 1537, 131 L.Ed.2d 465 (1995); Karimian-Kaklaki v. INS, 997 F.2d 108, 111 (5th Cir. 1993); 8 U.S.C. § 1252(a)(1), (b)(1).

To the extent that petitioner’s notice of appeal was timely as to her appeal from the BIA’s denial of her asylum and withholding of removal petitions on March 11, 2004, she has failed sufficiently to brief those issues and has thus abandoned them. Fed. R.App. P. 28(a)(9)(A); see Calderon-Ontiveros v. INS, 809 F.2d 1050, 1052 (5th Cir. 1986).

Minengu’s petition for review is DENIED; the respondent’s motion to summarily affirm is GRANTED; and respondent’s other motions are DENIED as unnecessary.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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