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123 F. App'x 116

Anja v. Gonzales

U.S. Courts of Appeals

Decided March 11, 2005

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U.S. Courts of Appeals · decided 2005-03-11

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

Relies on Immigration & Naturalization Service v. Cardoza-Fonseca · Edwards v. City of Goldsboro · Yong Hao Chen v. U.S. Immigration & Naturalization Service

Decided 2005-03-11

PER CURIAM.

¶1 Timbu Philip Anja, a native and citizen of Cameroon, petitions for review of an order of the Board of Immigration Appeals (Board). The order denied his motion to reopen and reconsider the Board’s dismissal of his appeal from the Immigration Judge’s (IJ) order denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT).

¶2 Anja contends that he established eligibility for asylum. As the IJ and Board concluded that the asylum application was untimely, we find that consideration of Anja’s asylum claim is barred. See 8 U.S.C. § 1158(a)(3) (2000). Additionally, we have reviewed the evidence of record and find no abuse of discretion in the denial of the motion to reopen and reconsider with respect to the relief of withholding of removal. See Stewart v. INS, 181 F.3d 587, 595 (4th Cir.1999); Chen v. INS, 195 F.3d 198, 205 (4th Cir.1999); INS v. Cardoza-Fonseca, 480 U.S. 421, 430, 107 S.Ct. 1207, 94 L.Ed.2d 434 (1987). Finally, we find that Anja’s CAT claim, which was entirely undeveloped in his brief before this court, has been abandoned. See Edwards v. City of Goldsboro, 178 F.3d 231, 241 n. 6 (4th Cir.1999).

¶3 Accordingly, we deny the petition for review. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

¶4 PETITION DENIED

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