Shah v. Gonzales

Filing 920060609

Opinion

United States Court of Appeals Fifth Circuit

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

F I L E D
June 9, 2006 Charles R. Fulbruge III Clerk

No. 05-60129 Summary Calendar

SANJAY KIRTIBH SHAH, Petitioner, versus ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL, Respondent. -------------------Petition for Review of an Order of the Board of Immigration Appeals BIA No. A78 510 085 --------------------Before HIGGINBOTHAM, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* Sanjay Kirtibh Shah petitions this court for review of the Board of Immigration Appeals's (BIA's) decision denying asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Shah contends that he is entitled to

asylum and asserts that the immigration judge erred in determining that there were no changed country conditions so as to excuse the untimeliness of his asylum application. We do not,

however, have jurisdiction to review the immigration judge's

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-60129 -2discretionary determination that Shah's asylum application was untimely. See 8 U.S.C. § 1158(a)(3). The petition for review is

thus DISMISSED as to the claims concerning asylum. The IJ's conclusion that Shaw was ineligible for withholding of removal is supported by substantial evidence. does not compel a contrary conclusion. The evidence

Shah has not shown that

he will be singled out for persecution if he returns or that there is a pattern or practice of discrimination against Muslims. See 8 C.F.R. § 208.16(b)(1), (2); see Zhao v. Gonzales, 404 F.3d 295, 307 (5th Cir. 2005). Shah does not argue in his brief that he was due relief under the CAT. As such, the claim is waived. See Yohey v. Shah's petition

Collins, 985 F.2d 222, 224-25 (5th Cir. 1993). for review is DENIED IN PART.

PETITION DISMISSED IN PART AND DENIED IN PART.