Lorenzo Vincente-Mas v. Eric Holder, Jr.

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Lorenzo Vincente-Mas v. Eric Holder, Jr.

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Case: 09-60797

Document: 00511214133

Page: 1

Date Filed: 08/25/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-60797 S u m m a r y Calendar August 25, 2010 Lyle W. Cayce Clerk

L O R E N Z O VINCENTE-MAS, also known as Lorenzo Vincente Mas, 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. A078 987 314

B e fo r e BENAVIDES, DENNIS, and CLEMENT, Circuit Judges. P E R CURIAM:* L o r e n z o Vincente-Mas, a native and citizen of Guatemala, has asked this c o u r t to review a final order of deportation issued by the Board of Immigration A p p e a ls (BIA) based on his status as an alien present in the United States w it h o u t having been admitted or paroled, in violation of 8 U.S.C.

§ 1182(a)(6)(A)(i)). Vincente-Mas argues that he is entitled to withholding of r e m o v a l under 8 U.S.C. § 1231(b)(3)(A) because of his membership in a p a r tic u la r social group, namely, small land owners in San Antonio, Guatemala.
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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Case: 09-60797

Document: 00511214133 Page: 2 No. 09-60797

Date Filed: 08/25/2010

V in c e n t e - M a s never alleged, either in his application for withholding of r e m o v a l, during his hearing before the immigration judge, or in the appeal brief h e filed with the BIA, that he was a member a particular social group comprised o f small land owners in Guatemala. Because Vincente failed to exhaust his a d m in is t r a t iv e remedies with respect to his claim, we are without jurisdiction t o review it. See 8 U.S.C. § 1252(d); Claudio v. Holder, 601 F.3d 316, 318 (5th C ir . 2010); Omari v. Holder, 562 F.3d 314, 318-23 (5th Cir. 2009). A lt e r n a t iv e ly , we conclude that Vincente-Mas has abandoned his claim by fa ilin g to sufficiently brief it. Pursuant to Rule 28(a)(9)(A) of the Federal Rules o f Appellate Procedure, an appellant's argument must contain the reasons for t h e requested relief with citation to the authorities, statutes, and parts of the r e c o r d upon which he relies. Vincente-Mas's brief fails to meet this standard as it contains self-serving, conclusional assertions unsupported by legal authority o r record citations. See Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003) (h o ld in g that arguments not briefed are abandoned). Vincente-Mas has also a b a n d o n e d his claim that he was entitled to withholding of removal under the C o n v e n t io n Against Torture by failing to brief it. See Soadjede, 324 F.3d at 833. A c c o r d in g ly , Vincente-Mas's petition for review is DENIED.

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