Case: 09-60457 Document: 00511194368 Page: 1 Date Filed: 08/04/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
August 4, 2010
No. 09-60457
Summary Calendar Lyle W. Cayce
Clerk
ROLANDO ANTONIO GAITAN-GAMEZ,
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 799 089
Before JONES, Chief Judge, and WIENER and PRADO, Circuit Judges.
PER CURIAM:*
Rolando Antonio Gaitan-Gamez, a native and citizen of Nicaragua,
petitions this court to review the decision of the Board of Immigration Appeals
(BIA) summarily dismissing his appeal pursuant to 8 C.F.R. § 1003.1(d)(2)(i)(E)
for failure to file a brief challenging an Immigration Judge’s (IJ) denial of his
request for voluntary departure. Although Gaitan-Gamez withdrew his
applications for asylum, withholding of removal, and relief under the Convention
Against Torture at a hearing before the IJ, he argues that his attorney was
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-60457 Document: 00511194368 Page: 2 Date Filed: 08/04/2010
No. 09-60457
ineffective for allowing him to withdraw the applications and that his
withdrawal was not knowing and voluntary.
Gaitan-Gamez did not argue to the BIA that his attorney was ineffective
and the withdrawal of his applications was involuntary. Therefore the issues
are unexhausted, and this court lacks jurisdiction to consider them. See Omari
v. Holder, 562 F.3d 314, 317-19 (5th Cir. 2009); Wang v. Ashcroft, 260 F.3d 448,
452-53 (5th Cir. 2001); 8 U.S.C. § 1252(d)(1). Gaitan-Gamez has abandoned any
argument concerning the BIA’s dismissal of his appeal for failure to brief by
failing to argue the issue in this court. See Soadjede v. Ashcroft, 324 F.3d 830,
833 (5th Cir. 2003).
Accordingly, the petition for review is DENIED.
2