IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 5, 2009
No. 08-61087 Charles R. Fulbruge III
Summary Calendar Clerk
MANUEL FAJARDO-JIMENEZ,
Petitioner
v.
ERIC H. HOLDER, JR., U. S. ATTORNEY GENERAL,
Respondent
Petition for Review of an Order of the
Board of Immigration Appeals
A89 285 559
Before REAVLEY, DAVIS, and HAYNES, Circuit Judges.
PER CURIAM:*
Petitioner Manuel Fajardo-Jimenez petitions for review of the Board of
Immigration Appeals’s (“BIA”) order removing Petitioner to Costa Rica. For the
following reasons, the petition is DENIED.
1. Petitioner seeks political asylum in the United States after being arrested
and scheduled for removal. The immigration judge (“IJ”) found that
Petitioner‘s application for asylum was untimely. See 8 U.S.C.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-61087
§ 1158(a)(2)(B), (D). The BIA affirmed the IJ’s determination. This Court
has no jurisdiction to disturb this determination as it is specifically based
on findings of fact. See 8 U.S.C. § 1158(a)(3); Zhu v. Gonzales, 493 F.3d
588, 594-95 (5th Cir. 2007).
2. Petitioner also seeks withholding of removal pursuant to 8 U.S.C.
§ 1231(b)(3)(A). However, there is substantial evidence that supports the
BIA’s determination that Petitioner was not eligible for withholding of
removal and that Petitioner failed to establish “an objective ‘clear
probability’ of persecution in the proposed country of removal.” See Majd
v. Gonzales, 446 F.3d 590, 595 (5th Cir. 2006) (quoting INS v. Stevic, 467
U.S. 407, 413, 104 S. Ct. 2489, 2492 (1984)).
3. Finally, Petitioner seeks protection pursuant to the Convention Against
Torture. However, there is substantial evidence to support the BIA’s
determination that Petitioner failed to establish that it is more likely than
not that he would be tortured if removed. See 8 C.F.R. §§ 1208.16(c)(2);
1208.18(a)(1); Majd, 446 F.3d at 595-96.
PETITION DENIED.
2