United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 16, 2003
Charles R. Fulbruge III
Clerk
No. 02-60653
Summary Calendar
PEDRO ABASOLO,
Petitioner,
versus
JOHN ASHCROFT, U.S. ATTORNEY GENERAL,
Respondent.
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Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A77 246 942
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Before HIGGINBOTHAM, DUHÉ, and CLEMENT, Circuit Judges.
PER CURIAM:1
Pedro Abasolo petitions this court to review the decision of
the Board of Immigration Appeals (BIA) denying his application for
asylum. Abasolo argues that the BIA’s order summarily affirming
the IJ’s decision provides an inadequate basis for judicial review
by this court. We recently have held that such a summary
affirmance does not deprive this court of a basis for judicial
review. Soadjede v. Ashcroft, 324 F.3d 830, 832-33 (5th Cir.
2003).
1
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that this opinion should not be published and is not precedent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.
Abasolo does not argue that the BIA’s determination that he
was not eligible for withholding of deportation is not supported by
substantial evidence. Thus, the issue is deemed abandoned. See
Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748
(5th Cir. 1987).
Abasolo contends that he established his eligibility for
asylum because he demonstrated a well-founded fear of persecution
on account of on his sexual orientation. The BIA’s determination
that Abasolo was not eligible for asylum is supported by
reasonable, substantial, and probative evidence. See United States
v. Girma, 283 F.3d 664, 666 (5th Cir. 2002).
PETITION DENIED.
2