Case: 10-60214 Document: 00511343702 Page: 1 Date Filed: 01/07/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
January 7, 2011
No. 10-60214
Summary Calendar Lyle W. Cayce
Clerk
JORGE BAQUEDANO-BERRIOS, also known as Jorge Rodolfo Baquedano,
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. A088 058 410
Before REAVLEY, DENNIS and CLEMENT, Circuit Judges.
PER CURIAM:*
Jorge Baquedano-Berrios (Baquedano), a native and citizen of Honduras,
has filed a petition for review of the Board of Immigration Appeals’ (BIA) order
denying his application for withholding of removal. Baquedano argues that he
is eligible for withholding of removal because he experienced past persecution
and has a well-founded fear of future persecution based on his religion,
membership in a particular social group, and political opinion.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-60214 Document: 00511343702 Page: 2 Date Filed: 01/07/2011
No. 10-60214
Baquedano did not argue in his appeal to the BIA that he was targeted
based on his religion, political opinion, and membership in a particular economic
and social class. Therefore, he failed to exhaust his administrative remedies as
to these issues, and we lack jurisdiction to consider them. See 8 U.S.C.
§ 1252(d)(1); Wang v. Ashcroft, 260 F.3d 448, 452-53 (5th Cir. 2001).
Even assuming that Baquedano exhausted these claims and demonstrated
that he was targeted based on his religion, political opinion, or membership in
a particular economic and social class, the record does not compel a conclusion
contrary to the BIA’s finding that Baquedano did not show past persecution or
a well-founded fear of future persecution. See Zhu v. Gonzales, 493 F.3d 588,
594 (5th Cir. 2007). For the forgoing reasons, the petition for review is DENIED.
2