United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT May 11, 2005
Charles R. Fulbruge III
Clerk
No. 04-60695
Summary Calendar
BEKIN NOKSHIQI,
Petitioner,
versus
ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL,
Respondent.
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Petition for Review of an Order of the
Board of Immigration Appeals
(BIA No. A79 046 459)
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Before WIENER, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Albanian national Bekin Nokshiqi petitions for review of the
Board of Immigration Appeals’(BIA’s) summary affirmance of the
denial of his requests for asylum, withholding of removal, and
relief under the Convention Against Torture. In light of the
summary affirmance, we review the immigration judge’s decision.
See Mikhael v. INS, 115 F.3d 299, 302 (5th Cir. 1997).
The immigration judge’s finding that neither Nokshiqi’s nor
his uncle’s testimony was credible with regard to a perceived
danger in Albania to Nokshiqi and, ultimately, that Nokshiqi had
*
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this opinion should not be published and is not precedent except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.
failed to meet his burden of establishing eligibility for asylum is
supported by substantial evidence. See Lopez De Jesus v. INS, 312
F.3d 155, 161 (5th Cir. 2002); Lopez-Gomez v. Ashcroft, 263 F.3d
442, 444 (5th Cir. 2001).
As Nokshiqi did not make the showing required to establish
eligibility for asylum, he cannot meet the more stringent standard
necessary to establish eligibility for withholding of removal. See
Efe v. Ashcroft, 293 F.3d 899, 906 (5th Cir. 2002). Nokshiqi
failed to present his request for relief under the Convention
Against Torture to the BIA. Given his failure to exhaust this
issue, this court is without jurisdiction to entertain it. See
Wang v. Ashcroft, 260 F.3d 448, 452-53 (5th Cir. 2001).
PETITION DENIED.
2