Kotadiya v. Holder

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED August 14, 2009 No. 08-61005 Summary Calendar Charles R. Fulbruge III Clerk NASSER MOHAMMEDALI KOTADIYA 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. A98 041 289 Before HIGGINBOTHAM, CLEMENT, and SOUTHWICK, Circuit Judges. PER CURIAM:* Nasser Mohammedali Kotadiya, a native and citizen of India, petitions this court to review the decision of the Board of Immigration Appeals (“BIA”) denying his motion to reconsider the dismissal of an appeal from an Immigration Judge’s order denying a motion to suppress and finding Kotadiya removable. Kotadiya argues that his attorney was ineffective for arguing only the suppression issue and failing to request withholding of removal or relief under the Convention Against Torture. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. No. 08-61005 Kotadiya did not raise his claim of ineffective counsel before the BIA. Therefore the issue is unexhausted, and this court lacks jurisdiction to consider it. See 8 U.S.C. § 1252(d)(1); Omari v. Holder, 562 F.3d 314, 317-19 (5th Cir. 2009); Wang v. Ashcroft, 260 F.3d 448, 452-53 (5th Cir. 2001). In addition, Kotadiya has abandoned any argument concerning his suppression claim by failing to brief the issue. See Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003). Accordingly, the petition for review is DISMISSED. 2