Gutierrez v. Ashcroft

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
April 8, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-60501
Summary Calendar
SANTOS JOSE GUTIERREZ,
Petitioner,
versus
JOHN ASHCROFT,
U.S. ATTORNEY GENERAL,
Respondent.
--------------------
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A76-898-371
--------------------
Before JOLLY, HIGGINBOTHAM, and DAVIS, Circuit Judges.
PER CURIAM:*
Santos Jose Gutierrez has filed a petition for review of the
Board of Immigration Appeals’ (“BIA”) order, denying him asylum
and withholding of deportation but granting him voluntary
departure. Gutierrez argues that he was eligible for withholding
of deportation because he demonstrated that was persecuted and
fears persecution by guerillas in Guatemala because he was

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No. 02-60501
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formerly a member of the Guatemalan military and perceived as
anti-guerilla.
The evidence does not compel a finding that Gutierrez will
face persecution if he returns to Guatemala, and the BIA's
decision is supported by substantial evidence. See Girma v. INS,
283 F.3d 664, 666 (5th Cir. 2002); Carbajal-Gonzalez v. INS, 78
F.3d 194, 197 (5th Cir. 1996).
Although he iterates legal boilerplate regarding asylum,
Gutierrez has failed to brief, and has thus waived, any challenge
to the denial of asylum. See Strong v. BellSouth Telecomms.
Inc., 137 F.3d 844, 853 (5th Cir. 1998).
The petition for review is DENIED.

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