Lorena Herrarte-Hernandez v. Jeff Sessions

Case: 16-60213 Document: 00513871569 Page: 1 Date Filed: 02/10/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-60213 FILED Summary Calendar February 10, 2017 Lyle W. Cayce Clerk LORENA HERRARTE-HERNANDEZ, Petitioner v. JEFF SESSIONS, U. S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A205 727 531 Before KING, DENNIS, and COSTA, Circuit Judges. PER CURIAM: * Lorena Herrarte-Hernandez petitions for review of the Board of Immigration Appeals’s (BIA) dismissal of her appeal of the Immigration Judge’s (IJ) denial of her application for asylum, withholding of removal, and withholding of removal under the Convention Against Torture (CAT). Because the BIA agreed with the IJ’s findings and conclusions regarding the credibility determination, the IJ’s decision is reviewable. See Zhu v. Gonzales, 493 F.3d * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-60213 Document: 00513871569 Page: 2 Date Filed: 02/10/2017 No. 16-60213 588, 593-94 (5th Cir. 2007). The IJ’s adverse credibility determination is supported by substantial evidence. See Wang v. Holder, 569 F.3d 531, 536-40 (5th Cir. 2009). We lack jurisdiction to consider Herrarte-Hernandez’s unexhausted argument that the IJ erred in failing to consider battered women’s syndrome. See Omari v. Holder, 562 F.3d 314, 319 (5th Cir. 2009). She has failed to brief any argument regarding the denial of CAT relief and thereby waived review of this issue. See Chambers v. Mukasey, 520 F.3d 445, 448 n.1 (5th Cir. 2008). Accordingly, the petition for review is DENIED. 2