UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1248
PATRICK M. NJEHIAH,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A72-163-897)
Submitted: August 30, 2006 Decided: January 12, 2007
Before WIDENER and DUNCAN, Circuit Judges, and Joseph R. GOODWIN,
United States District Judge for the Southern District of West
Virginia, sitting by designation.
Petition dismissed in part and denied in part by unpublished per
curiam opinion.
Liam Ge, Columbia, Maryland, for Petitioner. Peter D. Keisler,
Assistant Attorney General, Emily Anne Radford, Assistant Director,
Aviva L. Poczter, Senior Litigation Counsel, Washington, D.C., for
Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Patrick M. Njehiah, a native and citizen of Kenya,
petitions for review of an order of the Board of Immigration
Appeals adopting and affirming the Immigration Judge’s (IJ)
decision denying his applications for asylum, withholding of
removal, and protection under the Convention Against Torture (CAT).
As Njehiah does not substantively challenge the denial of asylum
and withholding of removal in his opening brief, we find that he
has abandoned those claims on appeal. See Edwards v. City of
Goldsboro, 178 F.3d 231, 241 n.6 (4th Cir. 1999). Next, we uphold
the IJ’s finding that Njehiah failed to establish that it was more
likely than not that he would be tortured if removed to Kenya. See
8 C.F.R. § 1208.16(c)(2) (2006).
We accordingly grant the Attorney General’s motion to
dismiss the petition for review in part with respect to the asylum
and withholding of removal claims. We deny the petition for review
with respect to Njehiah’s CAT claim and 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.
PETITION DISMISSED IN PART
AND DENIED IN PART
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