Case: 19-60782 Document: 00515736622 Page: 1 Date Filed: 02/08/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED No. 19-60782 February 8, 2021 Summary Calendar Lyle W. Cayce Clerk Gabriel Maiyili Ndonyi, Petitioner, versus Robert M. Wilkinson, Acting U. S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals BIA No. A209 869 749 Before Barksdale, Southwick, and Oldham, Circuit Judges. Per Curiam:* Gabriel Maiyili Ndonyi, a native and citizen of Cameroon, petitions for review of the Board of Immigration Appeals’ (BIA) decision: dismissing his appeal of an Immigration Judge’s (IJ) denial of his application for asylum; and denying his motion to remand based on previously unavailable evidence. * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 19-60782 Document: 00515736622 Page: 2 Date Filed: 02/08/2021 No. 19-60782 Ndonyi contends the BIA erred in concluding: he waived any challenge to the IJ’s denial of withholding of removal and protection under the Convention Against Torture (CAT); he was ineligible for asylum because he did not suffer past persecution or have an objective fear of future persecution; and he failed to establish prima facie eligibility for asylum, withholding of removal, or CAT relief based on previously unavailable evidence. Our court reviews the BIA’s decision and the IJ’s decision insofar as it influenced the BIA. Wang v. Holder, 569 F.3d 531, 536 (5th Cir. 2009). Legal conclusions are reviewed de novo; factual findings, for substantial evidence. Iruegas-Valdez v. Yates, 846 F.3d 806, 810 (5th Cir. 2017). Reversal is improper under substantial-evidence review unless the evidence compels a contrary conclusion. Chen v. Gonzales, 470 F.3d 1131, 1134 (5th Cir. 2006). Since 2002, Ndonyi has been a member of Cameroon’s ruling political party, the Cameroon People’s Democratic Movement (CPDM), which is affiliated with the country’s French-speaking population. Notwithstanding his political affiliation, Ndonyi is an anglophone. In 2016, the Ambazonians—English speakers who oppose the ruling party—attacked Ndonyi while he was wearing his CPDM uniform. Later, after a group of Ambazonians threatened to burn his house down, Ndonyi fled for the United States. First, Ndonyi contends the BIA erred in concluding he waived his claim for CAT relief. This contention was raised for the first time in seeking review by this court. Ndonyi has, accordingly, failed to exhaust; we lack jurisdiction to review it. See Omari v. Holder, 562 F.3d 314, 320 (5th Cir. 2009) (“[W]here the BIA’s decision itself results in a new issue and the BIA has an available and adequate means for addressing that issue, a party must first bring it to the BIA’s attention through a motion for reconsideration”). 2 Case: 19-60782 Document: 00515736622 Page: 3 Date Filed: 02/08/2021 No. 19-60782 Similarly, we lack jurisdiction to consider his unexhausted claim that the IJ’s denial of asylum was predicated on a misunderstanding of the geopolitical ...
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