Mohamed Uddin v. Loretta Lynch
Filing
UNPUBLISHED OPINION FILED. [16-60160 Affirmed in Part and Dismissed in Part for Lack of Jurisdiction] Judge: EGJ, Judge: JES, Judge: JEG. Mandate pull date is 06/26/2017 [16-60160]
Case: 16-60160
Document: 00513977417
Page: 1
Date Filed: 05/03/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-60160
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
May 3, 2017
Lyle W. Cayce
Clerk
MOHAMED JOSHIM UDDIN, Also Known as Jasim Uddin,
Petitioner,
versus
JEFFERSON B. SESSIONS, III, U.S. Attorney General,
Respondent.
Petition for Review of an Order of
the Board of Immigration Appeals
BIA No. A 202 158 552
Before JOLLY, SMITH, and GRAVES, Circuit Judges.
PER CURIAM: *
Mohamed Uddin, a native and citizen of Bangladesh, petitions for review
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-60160
Document: 00513977417
Page: 2
Date Filed: 05/03/2017
No. 16-60160
of a decision of the Board of Immigration Appeals (“BIA”). He challenges the
denial of his applications for asylum, withholding of removal under the Immigration & Nationality Act, and relief under the Convention Against Torture
(“CAT”).
The BIA concluded that the record supported an adverse credibility finding and that Uddin’s evidence was “insufficiently persuasive” to establish his
eligibility for relief from removal. Given the inconsistencies in Uddin’s testimonial and documentary evidence that the BIA noted, Uddin has not shown
that the evidence compels a contrary conclusion. See Wang v. Holder, 569 F.3d
531, 538 (5th Cir. 2009); Efe v. Ashcroft, 293 F.3d 899, 908 (5th Cir. 2002).
As for Uddin’s claims that the BIA erred in failing to address the other
grounds of denial explained by the immigration judge, those challenges have
not been exhausted. See Claudio v. Holder, 601 F.3d 316, 318 (5th Cir. 2010).
Uddin did not assert them to the BIA in his notice to appeal or in a subsequent
brief, and the BIA did not address them. Accordingly, we lack jurisdiction over
those unexhausted claims. See id.
The petition for review is DENIED in part and DISMISSED in part.
2
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