Case: 17-60167 Document: 00514670102 Page: 1 Date Filed: 10/05/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 17-60167 Fifth Circuit FILED October 5, 2018 YUDHVIR 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. A202 067 254 Before DENNIS, CLEMENT, and ENGELHARDT, Circuit Judges. PER CURIAM: * Yudhvir Singh seeks review of a final order of removal by the Board of Immigration Appeals (BIA). The BIA dismissed Singh’s appeal from an Immigration Judge’s (IJ) order dismissing his application for asylum, withholding of removal, and protection under the United Nations Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, 1465 U.N.T.S. 85, (CAT) as abandoned. The BIA agreed with the * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-60167 Document: 00514670102 Page: 2 Date Filed: 10/05/2018 No. 17-60167 IJ that Singh failed to submit biometric information, as required by 8 C.F.R. § 1003.47, and failed to show good cause for his noncompliance. Finding no abuse of discretion, we DENY the petition in part and DISMISS in part. I Having entered the United States without inspection in March 2015, Yudhvir Singh, a thirty-two-year-old Sikh man, who is a native and citizen of India, was detained and charged with being removable. 1 An asylum officer determined that he had made a sufficient showing of past persecution on the basis of his religious and political party membership, and a credible fear of future persecution. In furtherance of Singh’s pursuit of immigration relief, his counsel, Samuel Maina, prepared a Form I-589 application for asylum, withholding of removal, and protection under the CAT, which he and Singh signed in August 2015. A master calendar hearing was scheduled for December 10, 2015, in New Orleans, Louisiana. Maina, whose office was located in California, sought and obtained leave to appear telephonically at the hearing. However, Dorothy L. Tarver, a New Orleans attorney, appeared at the December 10 hearing to represent Singh; her notice of appearance stated that she was appearing for Maina, who did not appear by telephone. After the IJ determined that Singh’s I-589 application had not yet been filed, the hearing was reset for December 17. Tarver again appeared on Singh’s behalf at the December 17 hearing. The IJ received in court Singh’s application and asked Tarver whether she had sent the application to a United States Citizenship and Immigration Services 1 Singh was detained in Arizona and, after being released on bond, requested to transfer his case to an Immigration Court near McComb, Mississippi, where he had moved to live among friends and family. Singh’s case was subsequently transferred to the Immigration Court in New Orleans, Louisiana. 2 Case: 17-60167 Document: 00514670102 Page: 3 Date ...
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