Mazariegos-Diaz 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opinion should not be published and is not precedent except under the limited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.
United States Court of Appeals
Fifth Circuit
F I L E D
January 13, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-60652
Summary Calendar
FREDY EMETELIO MAZARIEGOS-DIAZ,
Petitioner,
versus
ALBERTO R. GONZALEZ, U.S. ATTORNEY GENERAL,
Respondent.
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Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A77 761 173
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Before JONES, WIENER, and DeMOSS, Circuit Judges.
PER CURIAM:*
Fredy Emetelio Mazariegos-Diaz, a native and citizen of
Guatemala, petitions this court for review of the Board of
Immigration Appeals’ (“BIA”) decision affirming the Immigration
Judge’s (“IJ”) denial of Mazariegos-Diaz’s application for asylum,
withholding of removal, and relief under the Convention Against
Torture (“CAT”).
Mazariegos-Diaz has failed to challenge the IJ’s adverse
credibility determination in his petition for review and, thus, any
challenge to this determination is waived. See Thuri v. Ashcroft,

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380 F.3d 788, 793 (5th Cir. 2004). Mazariegos-Diaz has also failed
to challenge the IJ’s denial of his application for asylum or
relief under the CAT. Therefore, these issues are also waived.
See id. Accordingly, Mazariegos-Diaz’s petition for review is
DENIED.

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