Jagroop Singh v. Jefferson Sessions, III

Case: 16-60653 Document: 00514349173 Page: 1 Date Filed: 02/15/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-60653 Summary Calendar United States Court of Appeals Fifth Circuit FILED February 15, 2018 JAGROOP THINO SINGH, Lyle W. Cayce Clerk Petitioner v. JEFFERSON B. SESSIONS, III, U. S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A205 408 160 Before WIENER, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIAM: * Jagroop Thino Singh, a native and citizen of India, petitions for review of the order of the Board of Immigration Appeals (“BIA”) dismissing his appeal of the Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Singh argues that the BIA erred by (1) concluding that he failed to preserve for appeal his due process claims based on the absence of a translator * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Case: 16-60653 Document: 00514349173 Page: 2 Date Filed: 02/15/2018 No. 16-60653 who spoke his native language at the merits hearing and (2) affirming the IJ’s finding that he failed to introduce reasonably available corroborative evidence to support his claims. By failing to brief the issues, Singh has waived any challenge to the BIA’s determination that he failed to file his asylum claim in a timely manner and failed to show extraordinary circumstances to justify the delay. See Chambers v. Mukasey, 520 F.3d 445, 448 n.1 (5th Cir. 2008). Further, given Singh’s failure to argue at any point in his brief that he is more likely than not to be tortured should he return to India, he has waived his claim that he is entitled to relief under the CAT. See 8 C.F.R. §§ 1208.16(c), 1208.18(a); Chambers, 520 F.3d at 448 n.1. This court reviews constitutional claims de novo. See Sattani v. Holder, 749 F.3d 368, 370 (5th Cir. 2014). Removal proceedings must be conducted “in accord with due process standards of fundamental fairness.” Bouchikhi v. Holder, 676 F.3d 173, 180 (5th Cir. 2012) (citation omitted). To prevail on a due process claim, an alien must show substantial prejudice arising from the alleged violation. Id. However, “an alien’s failure to exhaust his administrative remedies serves as a jurisdictional bar to [this court’s] consideration of the issue.” Wang v. Ashcroft, 260 F.3d 448, 452 (5th Cir. 2001). Singh failed to preserve his due process claim because he raised it for the first time before the BIA, which deprives this court of jurisdiction to review the claim. See id. On petition for review of a BIA decision, this court reviews factual findings for substantial evidence and questions of law de novo. Lopez-Gomez v. Ashcroft, 263 F.3d 442, 444 (5th Cir. 2001). This court reviews only the order of the BIA unless the IJ’s decision “has ...

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