Bertineau, et al v. Gonzales

* 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this opinion should not be published and is not precedent except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.
** Marie Michelle Bertineau’s claim for immigration relief
is derivative of her mother’s eligibility for relief
United States Court of Appeals
Fifth Circuit
F I L E D
August 12, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-61073
Summary Calendar
OLGUINE BERTINEAU; MARIE MICHELLE BERTINEAU,
Petitioners,
versus
ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL,
Respondent.
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Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A79 497 180
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Before BENAVIDES DENNIS and OWEN, Circuit Judges
PER CURIAM:*
Olguine Bertineau (“Bertineau”) and her daughter, Marie
Michelle Bertineau,** both natives and citizens of Haiti, petition
this court to review the decision of the Board of Immigration
Appeals (BIA) denying Bertineau’s application for asylum,
withholding of removal, and relief under the Convention Against
Torture. Bertineau challenges the BIA’s determination that her
application for asylum was untimely under 8 U.S.C.

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No. 04-61073
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§ 1158(a)(2). We lack jurisdiction to review the BIA’s
determination that Bertineau’s asylum application was not timely.
8 U.S.C. § 1158(a)(3).
With regard to Bertineau’s argument that the BIA erred in
denying her application for withholding of removal, we conclude
that substantial evidence supports the BIA’s determination that
Bertineau did not meet her burden of establishing either past
persecution or a likelihood of future persecution. See Efe
v. Ashcroft, 293 F.3d 899, 906 (5th Cir. 2002); 8 C.F.R.
§ 208.16(b).
Bertineau’s appellate brief does not address the BIA’s denial
of relief under the Convention Against Torture. Accordingly, she
has waived the issue. See Rodriguez v. INS, 9 F.3d 408, 414 n.15
(5th Cir. 1993).
The petition for review is DENIED.

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