Anzueto-Veliz v. Ashcroft , 96 F. App'x 261 ( 2004 )


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  •                                                                                  United States Court of Appeals
    Fifth Circuit
    F I L E D
    UNITED STATES COURT OF APPEALS
    May 17, 2004
    FOR THE FIFTH CIRCUIT
    Charles R. Fulbruge III
    _________________________                              Clerk
    No. 03 - 60614
    SUMMARY CALENDAR
    _________________________
    OSCAR ROLENDIO ANZUETO-VELIZ,
    Petitioner,
    v.
    JOHN ASHCROFT, U.S. ATTORNEY GENERAL,
    Respondent.
    ______________________________________________________________________________
    Petition for Review of an Order of the
    Board of Immigration Appeals
    BIA No. A78 321 975
    ______________________________________________________________________________
    Before REYNALDO G. GARZA, DAVIS, and BARKSDALE, Circuit Judges.
    PER CURIAM:1
    In this appeal, we review the Board of Immigration Appeals’ decision affirming the
    immigration judge’s denial of Oscar Rolendio Anzueto-Veliz’s requests for asylum and
    withholding of removal.
    An alien must file an application for asylum within one year of his arrival in the United
    States. 
    8 U.S.C. § 1158
    (a)(2)(B). Anzueto-Veliz does not challenge the immigration judge’s
    1
    Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be
    published and is not precedent except under the limited circumstances set forth in 5th Cir. R.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.
    -1-
    finding that he failed to file his application within one year of his arrival. Thus, he has waived his
    claim for asylum. See Rodriguez v. INS, 
    9 F.3d 408
    , 414 n.15 (5th Cir. 1993).
    We also conclude that the immigration judge’s decision denying withholding of removal
    was supported by substantial evidence. Anzueto-Veliz alleges that he got into a fight with gang
    members in Guatemala because he refused to join their gang; however, he admits that he had no
    further direct contact with any gang members after the initial altercation. Anzueto-Veliz merely
    alleges that he left Guatemala because the gang members continued to inquire about his
    whereabouts after he had moved several times within Guatemala. Anzueto-Veliz’s isolated
    encounter with gang members did not constitute persecution and was not indicative of the
    likelihood of future persecution upon his return to Guatemala. See Efe v. Aschcroft, 
    293 F.3d 899
    , 906 (5th Cir. 2002); Chun v. INS, 
    40 F.3d 76
    , 78 (5th Cir. 1994).
    Anzueto-Veliz’s petition for review is therefore denied.
    -2-
    

Document Info

Docket Number: 03-60614

Citation Numbers: 96 F. App'x 261

Judges: Barksdale, Davis, Garza, Per Curiam, Reynaldo

Filed Date: 5/17/2004

Precedential Status: Non-Precedential

Modified Date: 8/1/2023