Lorena Herrarte-Hernandez v. Loretta Lynch

Filing

UNPUBLISHED OPINION FILED. [16-60213 Affirmed] Judge: CDK, Judge: JLD, Judge: GJC. Mandate pull date is 04/03/2017 [16-60213]

Case: 16-60213

Document: 00513871569

Page: 1

Date Filed: 02/10/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-60213
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
February 10, 2017
Lyle W. Cayce
Clerk

LORENA HERRARTE-HERNANDEZ,
Petitioner
v.
JEFF SESSIONS, U. S. ATTORNEY GENERAL,
Respondent
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A205 727 531
Before KING, DENNIS, and COSTA, Circuit Judges.
PER CURIAM: *

Lorena Herrarte-Hernandez petitions for review of the Board of
Immigration Appeals’s (BIA) dismissal of her appeal of the Immigration
Judge’s (IJ) denial of her application for asylum, withholding of removal, and
withholding of removal under the Convention Against Torture (CAT). Because
the BIA agreed with the IJ’s findings and conclusions regarding the credibility
determination, the IJ’s decision is reviewable. See Zhu v. Gonzales, 493 F.3d

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-60213

Document: 00513871569

Page: 2

Date Filed: 02/10/2017

No. 16-60213
588, 593-94 (5th Cir. 2007). The IJ’s adverse credibility determination is
supported by substantial evidence. See Wang v. Holder, 569 F.3d 531, 536-40
(5th Cir. 2009).

We lack jurisdiction to consider Herrarte-Hernandez’s

unexhausted argument that the IJ erred in failing to consider battered
women’s syndrome. See Omari v. Holder, 562 F.3d 314, 319 (5th Cir. 2009).
She has failed to brief any argument regarding the denial of CAT relief and
thereby waived review of this issue. See Chambers v. Mukasey, 520 F.3d 445,
448 n.1 (5th Cir. 2008). Accordingly, the petition for review is DENIED.

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