Gelmil Barrios v. Eric Holder, Jr.

Filing 511162106

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Gelmil Barrios v. Eric Holder, Jr. Doc. 511162106 Case: 09-60746 Document: 00511162106 Page: 1 Date Filed: 07/02/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED N o . 09-60746 S u m m a r y Calendar July 2, 2010 Lyle W. Cayce Clerk G E L M I L H. BARRIOS, P e titio n e r v. E R I C H. HOLDER, JR., U. S. ATTORNEY GENERAL, R espon dent P e tit io n for Review of an Order of the B o a r d of Immigration Appeals B I A No. A070 431 236 B e fo r e JOLLY, WIENER, and ELROD, Circuit Judges. P E R CURIAM:* P e t itio n e r Gelmil H. Barrios petitions for review of the Board of I m m ig r a t io n Appeals's (BIA) determination that he is not entitled to withholding o f removal. Barrios contends that he is entitled to withholding of removal b e c a u s e of past persecution and the likelihood of future persecution on account o f his political opinion, membership in a particular social group, and religion. Barrios presented evidence that he left Guatemala because of the violence c a u s e d by the guerillas and the kidnapping of his uncle. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 09-60746 Document: 00511162106 Page: 2 No. 09-60746 Date Filed: 07/02/2010 B a r r io s did not present religion and membership in a particular social g r o u p as bases for withholding of removal to the BIA. Therefore, he failed to e x h a u s t his administrative remedies as to these issues, and we lack jurisdiction t o consider them. See 8 U.S.C. 1252(d)(1); Wang v. Ashcroft, 260 F.3d 448, 4 5 2 -5 3 (5th Cir. 2001). B a r r io s has not shown past persecution or the likelihood of future p e r s e c u t io n on account of his political opinion. See INS v. Elias-Zacarias, 502 U .S . 478, 482-83 (1992); Jukic v. INS, 40 F.3d 747, 749 (5th Cir. 1994). Accordingly, substantial evidence supports the BIA's determination that Barrios is not entitled to withholding of removal. See Efe v. Ashcroft, 293 F.3d 899, 903 (5 t h Cir. 2002). The petition for review is DENIED. 2

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