Pablo Morales Perez v. Eric Holder, Jr.

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UNPUBLISHED OPINION FILED. [09-60820 Affirmed in Part; Dismissed in part for lack of jurisdiction ] Judge: CDK , Judge: FPB , Judge: JWE Mandate pull date is 12/06/2010 [09-60820]

Pablo Morales Perez v. Eric Holder, Jr.

Doc. 0

Case: 09-60820

Document: 00511261732

Page: 1

Date Filed: 10/13/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-60820 S u m m a r y Calendar October 13, 2010 Lyle W. Cayce Clerk

P A B L O TIBURCIO MORALES PEREZ, 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. A022 788 289

B e fo r e KING, BENAVIDES, and ELROD, Circuit Judges. P E R CURIAM:* P a b lo Tiburcio Morales Perez (Morales), a native and citizen of Cuba, p e t it io n s this court to review the decision of the Board of Immigration Appeals (B IA ) dismissing his appeal from an Immigration Judge's (IJ) denial of his a p p lic a t io n for asylum, withholding of removal, and relief under the Convention A g a in s t Torture. Morales argues that his forced participation in the Mariel b o a t lift constitutes past persecution and contends that he was persecuted by C u b a n authorities because of his political opinions and his status as a military
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 09-60820

Document: 00511261732 Page: 2 No. 09-60820

Date Filed: 10/13/2010

d e s e r t e r . He does not argue that he should have been granted withholding of r e m o v a l or relief under the Convention Against Torture. Morales did not argue to the IJ or the BIA that he was persecuted by being fo r c e d to leave Cuba in the Mariel boatlift. As this issue is unexhausted, we lack ju r is d ic t io n to consider it. See Omari v. Holder, 562 F.3d 314, 317-19 (5th Cir. 2 0 0 9 ); Wang v. Ashcroft, 260 F.3d 448, 452-53 (5th Cir. 2001); 8 U.S.C. § 1252(d)(1). Morales has abandoned any argument concerning the BIA's

d e t e r m in a t io n that he failed to demonstrate past persecution or a likelihood of fu t u r e persecution by failing to brief the issue on appeal. See Soadjede v. A s h c r o ft, 324 F.3d 830, 833 (5th Cir. 2003). Accordingly, the petition for review is DISMISSED FOR LACK OF J U R I S D I C T I O N IN PART and DENIED IN PART.

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