Mazariegos-Diaz v. Gonzales, No. 04-60652 (5th Cir. 2006)

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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT January 13, 2006 Charles R. Fulbruge III Clerk No. 04-60652 Summary Calendar FREDY EMETELIO MAZARIEGOS-DIAZ, Petitioner, versus ALBERTO R. GONZALEZ, U.S. ATTORNEY GENERAL, Respondent. -------------------Petition for Review of an Order of the Board of Immigration Appeals BIA No. A77 761 173 -------------------Before JONES, WIENER, and DeMOSS, Circuit Judges. PER CURIAM:* Fredy Guatemala, Emetelio petitions Mazariegos-Diaz, this court for a native review and of citizen the Board of of Immigration Appeals ( BIA ) decision affirming the Immigration Judge s ( IJ ) denial of Mazariegos-Diaz s application for asylum, withholding of removal, and relief under the Convention Against Torture ( CAT ). Mazariegos-Diaz has failed to challenge the IJ s adverse credibility determination in his petition for review and, thus, any challenge to this determination is waived. * See Thuri v. Ashcroft, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 380 F.3d 788, 793 (5th Cir. 2004). Mazariegos-Diaz has also failed to challenge the IJ s denial of his application for asylum or relief under the CAT. See id. Therefore, these issues are also waived. Accordingly, Mazariegos-Diaz s petition for review is DENIED. 2

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