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117 F. App'x 366

Kasim v. Ashcroft

U.S. Courts of Appeals

Decided December 29, 2004

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U.S. Courts of Appeals · decided 2004-12-29

Applies 8 U.S.C. § 1158 (§ 208 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Immigration & Naturalization Service v. Elias-Zacarias · Yohey v. Collins · Carbajal-Gonzalez v. Immigration & Naturalization Service

Decided 2004-12-29

PER CURIAM: *

¶1 Suhaebah Sukari Kasim, a native and citizen of Indonesia, petitions for review of the final order of the Board of Immigration Appeals (BIA) affirming the decision *367 of the Immigration Judge (IJ) denying her application for asylum as untimely and denying withholding of removal under the Immigration and Nationality Act. This court lacks jurisdiction to consider the BIA’s determination that Kasim filed an untimely asylum application and failed to meet an exception for waiving the deadline. See 8 U.S.C. § 1158(a)(8).

¶2 The BIA’s affirmance of the IJ’s denial of withholding of removal is supported by substantial evidence. See INS v. EliasZacarias, 502 U.S. 478, 483-84, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992); see also Carbajal-Gonzalez v. INS, 78 F.3d 194, 197 (5th Cir.1996).

¶3 Kasim has not briefed the denial of her claim under the Convention Against Torture, and that issue is abandoned. See Yokey v. Collins, 985 F.2d 222, 224-25 (5th Cir.1993).

¶4 PETITION DENIED.

*

¶5 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under *367 the limited circumstances set forth in 5th Cir. R. 47.5.4.

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