United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT January 5, 2005
Charles R. Fulbruge III
Clerk
No. 03-61074
Summary Calendar
JAFAR IBRAHIM MUHAMMAD,
Petitioner,
versus
JOHN ASHCROFT, U.S. ATTORNEY GENERAL,
Respondent.
Petition for Review of an Order of the
Board of Immigration Appeals
(A78 555 116)
Before JONES, BARKSDALE, and PRADO, Circuit Judges.
PER CURIAM:*
Jafar Ibrahim Muhammad, a native and citizen of Pakistan,
petitions for review of the decision of the Board of Immigration
Appeals (BIA) dismissing his appeal from the immigration judge’s
(IJ) denial of his application for withholding of deportation and
protection under the Convention Against Torture (CAT). The BIA
determined: Muhammad’s testimony was not credible, noting Muhammad
claimed to have been mistreated prior to 1984 under the government
of Muhammad Nawaz Sharif, but that Sharif did not assume power
*
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this opinion should not be published and is not precedent except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.
until 1990. The BIA also determined: Muhammad’s testimony was
uncorroborated; and he had not been personally harmed in almost 20
years.
Muhammad contends he is entitled to asylum and withholding of
deportation because he has been a victim of past persecution and
has established a well-founded fear of future persecution. He
asserts the BIA’s credibility determination relied on his testimony
regarding the dates that events occurred but did not call into
question his having suffered political persecution. He also
contends he suffered such persecution as recently as 2000, when his
house was burned.
Muhammad conceded before the BIA that his application for
asylum was untimely. Because Muhammad did not administratively
exhaust his asylum claim by pursuing it before the BIA, we lack
jurisdiction to address it. See Wang v. Ashcroft, 260 F.3d 448,
452-53 (5th Cir. 2001). Additionally, Muhammad has abandoned his
claim under the CAT by not briefing it in his petition for review.
See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).
To obtain withholding of removal, an applicant “must show that
‘it is more likely than not’ that his life or freedom would be
threatened by persecution” based on his political opinion, race,
religion, nationality, or membership in a particular social group.
Efe v. Ashcroft, 293 F.3d 899, 906 (5th Cir. 2002) (quoting 8
C.F.R. § 208.16(b)(1)). We review for substantial evidence the
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BIA’s determination that an alien is not entitled to withholding of
removal and do not substitute our judgment of the witness’s
credibility for that of the BIA or IJ. See id. at 905-06; Chun v.
INS, 40 F.3d 76, 78 (5th Cir. 1994). The BIA’s decision did not
rely solely on discrepancies in the dates of the events as related
by Muhammad, but also considered the uncorroborated nature of his
testimony. Considering the record as a whole, the determination
that Muhammad did not establish entitlement to withholding of
deportation is supported by substantial evidence. See Chun, 40
F.3d at 79.
DENIED
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