Read Usman v. Holder, 08-1331

Petition for review of a decision affirming the denial of plaintiff's application for asylum, withholding of removal, and relief under the Convention Against Torture is denied where: 1) the present court does not have jurisdiction to review the Attorney General's determination that an asylum application is untimely and unexcused by circumstances; 2) plaintiff waived a challenge to the denial of his request for withholding of removal by not mentioning it in his opening brief; and 3) the Board of Immigration Appeals' properly held plaintiff ineligible for relief under the regulations implementing the Convention Against Torture as plaintiff failed to present any evidence that the abuse he suffered occurred with the consent of the Pakistani government.

Appellate Information

• Submitted 12/03/2008
• Decided 05/22/2009
• Published 05/22/2009

Judges

• LIPEZ, Circuit Judge., Before BOUDIN, STAHL, and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Peter A. Allen, and Peter Allen, P.C., for petitioner.


• For Appellees:
  
• Gregory G. Katsas, Assistant U.S. Attorney General, Civil Division, Anthony N. Norwood, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, and Surell Brady, Trial Division, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, for respondent.