Oneximo Lozano Berrio v. U.S. Attorney General, No. 12-11393 (11th Cir. 2012)
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Case: 12-11393 Date Filed: 10/29/2012 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-11393 Non-Argument Calendar ________________________ Agency No. A089-232-922 ONEXIMO LOZANO BERRIO, llllllllllllllllllllllllllllllllllllllllPetitioner, versus U.S. ATTORNEY GENERAL, llllllllllllllllllllllllllllllllllllllllRespondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (October 29, 2012) Before CARNES, PRYOR and MARTIN, Circuit Judges. PER CURIAM: Oneximo Lozano Berrio, a native and citizen of Colombia, petitions for review of the decision of the Board of Immigration Appeals that denied his motion Case: 12-11393 Date Filed: 10/29/2012 Page: 2 of 2 to reconsider the denial of his application for asylum and withholding of removal under the Immigration and Nationality Act and for relief under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. We dismiss in part and deny in part the petition. We lack jurisdiction to consider Berrio s challenge to the denial of his application for asylum and denial of relief under the Convention. Berrio failed to petition for review of the order of removal, 8 U.S.C. ยง 1252(b)(1), and his motion for reconsideration did not affect the finality of that order, see Jaggernauth v. U.S. Att y Gen., 432 F.3d 1346, 1350 51 (11th Cir. 2005). We dismiss this part of Berrio s petition. Berrio abandoned any argument that he could have raised about the denial of his motion to reconsider. Berrio quotes a part of the order denying his motion to reconsider, but he uses the quote in support of his argument that he suffered past persecution and has a well-founded fear of future persecution. Berrio fails to argue that the Board erred in denying his motion for reconsideration. See Lapaix v. U.S. Att y Gen., 605 F.3d 1138, 1145 (11th Cir.2010); see also Sepulveda v. U.S. Att y Gen., 401 F.3d 1226, 1228 n.2 (11th Cir. 2005). We dismiss in part and deny in part Berrio s petition. PETITION DISMISSED IN PART, DENIED IN PART. 2
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