Diego Caniz v. Eric Holder, Jr., No. 10-60319 (5th Cir. 2010)

Annotate this Case

Download PDF

Case: 10-60319 Document: 00511324716 Page: 1 Date Filed: 12/17/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-60319 Summary Calendar December 17, 2010 Lyle W. Cayce Clerk DIEGO FRANCISCO CANIZ, Petitioner v. ERIC H. HOLDER, JR., U.S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A094 022 615 Before KING, BENAVIDES, and ELROD, Circuit Judges. PER CURIAM:* Diego Francisco Caniz, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals (BIA) decision dismissing his appeal from the Immigration Judge s (IJ) removal order. Caniz makes no argument regarding the denial of his claims for cancellation of removal, asylum, withholding of removal, or voluntary departure, and he has thus abandoned those claims. See Chambers v. Mukasey, 520 F.3d 445, 448 n.1 (5th Cir. 2008). Instead, he argues for the first time that the BIA and the IJ erred in failing to * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-60319 Document: 00511324716 Page: 2 Date Filed: 12/17/2010 No. 10-60319 address his request for relief under the Nicaraguan Adjustment and Central American Relief Act (NACARA). As he concedes, Caniz did not exhaust his administrative remedies with respect to his NACARA claim by raising it first before the BIA. This court therefore lacks jurisdiction to consider the claim. 8 U.S.C. § 1252(d)(1); see Wang v. Ashcroft, 260 F.3d 448, 452-53 (5th Cir. 2001). Accordingly, the petition for review is DISMISSED. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.