Mytyuk v. Holder

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit

FILED
April 28, 2009
No. 08-60393
Summary Calendar Charles R. Fulbruge III
Clerk

VIKTOR PAVLOVITCH MYTYUK

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. A88 057 059

Before HIGGINBOTHAM, BARKSDALE, and ELROD, Circuit Judges.
PER CURIAM:*
Viktor Pavlovitch Mytyuk appeals the Board of Immigration Appeals’s
(BIA’s) decision denying his requests for withholding of removal and relief under
the Convention Against Torture (CAT) and moves for production of his criminal
record. The Immigration Judge found, based on the totality of the record and
Mytyuk’s demeanor during his testimony, that Mytyuk was not credible and was

*
Pursuant to 5 TH C IR. 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should not be published and is not precedent except under the limited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 5 TH C IR. R. 47.5.4.
 No. 08-60393

therefore not entitled to relief, noting specifically the significant inconsistencies
between Mytyuk’s written application and his oral testimony.
Like his brief before the BIA, Mytyuk’s brief before this court fails to
address the Immigration Judge’s credibility finding beyond mere conclusional
representations of his truthfulness. He has therefore waived review of that issue
by virtue of his inadequate briefing. See Calderon-Ontiveros v. INS, 809 F.2d
1050, 1052 (5th Cir. 1986); see also Brinkmann v. Dallas County Deputy Sheriff
Abner, 813 F.2d 744, 748 (5th Cir. 1987). Insofar as Mytyuk has adduced
additional evidence outside of the administrative record, it is not considered. See
8 U.S.C. § 1252(b)(4)(A); Goonsuwan v. Ashcroft, 252 F.3d 383, 391 n.15 (5th Cir.
2001).
PETITION DENIED; MOTION FOR DISCOVERY DENIED.

2