Case: 22-60071 Document: 00516486722 Page: 1 Date Filed: 09/27/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
September 27, 2022
No. 22-60071
Lyle W. Cayce
Summary Calendar Clerk
Jose Amado Medrano-Hernandez,
Petitioner,
versus
Merrick Garland, U.S. Attorney General,
Respondent.
Petition for Review of an Order of the
Board of Immigration Appeals
Agency No. A205 468 358
Before Jones, Haynes, and Oldham, Circuit Judges.
Per Curiam:*
Jose Amado Medrano-Hernandez, a native and citizen of El Salvador,
timely petitions for review of a decision of the Board of Immigration Appeals
(BIA) affirming an order of the Immigration Judge denying his application for
asylum and withholding of removal.
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 22-60071 Document: 00516486722 Page: 2 Date Filed: 09/27/2022
No. 22-60071
Medrano-Hernandez fails to present an argument addressing the
BIA’s conclusion that he showed no nexus between the alleged persecution
and his asserted particular social group (PSG) or political opinion. Medrano-
Hernandez has thus forfeited any challenge to this holding. Soadjede v.
Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003). And because lack of nexus is
determinative of Medrano-Hernandez’s claims for asylum and withholding
of removal, Revencu v. Sessions, 895 F.3d 396, 402 (5th Cir. 2018), he
necessarily fails to prove that the evidence compels a conclusion contrary to
the BIA’s regarding his eligibility for asylum and withholding. Accordingly,
we need not consider his arguments concerning persecution and his asserted
PSG. See id.; INS v. Bagamasbad, 429 U.S. 24, 25 (1976); Martinez-Lopez v.
Barr, 943 F.3d 766, 769 (5th Cir. 2019); Zhang v. Gonzales, 432 F.3d 339, 344
(5th Cir. 2005). Medrano-Hernandez’s request to remand for consideration
of his claims concerning relocation and his additional PSG is likewise
foreclosed by his forfeiture of the dispositive nexus issue.
Finally, to the extent Medrano-Hernandez challenges the authority of
a Temporary Appellate Immigration Judge to adjudicate his case, we lack
jurisdiction to consider this unexhausted claim. See Martinez-Guevara v.
Garland, 27 F.4th 353, 360 (5th Cir. 2022); 8 U.S.C. § 1252(d)(1).
The petition is DISMISSED in part and DENIED in part, and the
request for remand is DENIED.
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