Diawara v. Gonzales, 126 F. App'x 132 (4th Cir. 2005). · Go Syfert
Diawara v. Gonzales, 126 F. App'x 132 (4th Cir. 2005). Cases Citing This Book View Copy Cite
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Strongest positive: Diawara v. Gonzales (ca4, 2006-09-20)
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4th Cir. · 2006 · signal: see · confidence high
See Diawara v. Gonzales, 126 Fed.Appx. 132 (4th Cir.2005) (unpublished).
Retrieving the full opinion text from the archive…
Mohamed Lamine DIAWARA, Petitioner,
v.
Alberto R. GONZALES, Attorney General; Department of Homeland Security, Respondents
04-1553.
Court of Appeals for the Fourth Circuit.
Apr 20, 2005.
126 F. App'x 132
Theresa I. Obot, Law Office of Theresa I. Obot, Baltimore, Maryland, for Petitioner., Peter D. Keisler, Assistant Attorney General, M. Jocelyn Lopez Wright, Assistant Director, Larry P. Cote, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondents.
Duncan, Luttig, Per Curiam, Wilkinson.
Cited by 1 opinion  |  Unpublished
PER CURIAM:

Mohamed Lamine Diawara, a native and citizen of Guinea, petitions for review of an order of the Board of Immigration Appeals (“Board”) affirming, without opinion, the decision of the immigration judge (“IJ”) denying asylum, withholding of deportation, and relief under the Convention Against Torture. We dismiss the petition for lack of jurisdiction.

Diawara challenges the IJ’s findings that his asylum application was untimely and he failed to establish extraordinary circumstances for an exception under 8 U.S.C. § 1158(a)(2) (2000). We conclude that we lack jurisdiction to review this claim or the merits of his asylum application. See 8 U.S.C. § 1158(a)(3) (2000); Zaidi v. Ashcroft, 377 F.3d 678, 680-81 (7th Cir.2004). We also lack jurisdiction over Diawara’s challenges to the IJ’s denial of withholding of deportation and relief under the Convention Against Torture because he failed to properly exhaust these claims in his appeal to the Board. See 8 U.S.C. § 1252(d) (2000); Asika v. Ashcroft, 362 F.3d 264, 267 n. 3 (4th Cir.2004).

Accordingly, we dismiss the petition for review. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials be[*133] fore the court and argument would not aid the decisional process.

PETITION DISMISSED