Yapo Adon v. Eric Holder, Jr., 582 F. App'x 479

Adon petitions for review of a BIA decision affirming an IJ denial of withholding of removal, cancellation of removal, asylum, CAT withholding, and voluntary departure.
The court first addresses jurisdiction, noting timely filing but lacking jurisdiction over unexhausted and certain discretionary claims.
Adon challenges credibility and seeks relief on multiple bases, including asylum and withholding of removal, which the court declines to review on credibility grounds.
The court determines Adon failed to show more likely than not persecution due to a protected ground, based on speculative evidence.
Evidence attached to Adon’s brief cannot be considered as it was not part of the administrative record, and Adon abandoned review of some issues.
Motions for counsel, stay of removal, release on bond, strike of respondent’s brief, and remand for new evidence are denied.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Jurisdiction to review unexhausted claims	Adon argues for review of asylum, CAT withholding, and voluntary departure claims.	Defendant asserts lack of jurisdiction for unexhausted claims under §1252(d)(1).	Lacked jurisdiction over unexhausted claims.
Standard for reviewing credibility and withholding	Adon contends credibility supports withholding of removal and asylum.	The agency’s adverse credibility finding is supported by substantial evidence.	Adon’s challenge to credibility denied; substantial evidence supports denial of withholding.
Consideration of new evidence attached to brief	Adon attempts to introduce post-record evidence.	Evidence not part of the administrative record may not be considered.	Evidence not in the record cannot be considered.
Effect of agency discretion on cancellation of removal	Adon argues the IJ/BIA failed to properly consider evidence affecting cancellation.	Discretionary decisions are not reviewable as to the merits here.	Discretionary determination not to grant cancellation reviewed only for jurisdictional issues; no reversible error found.

Omari v. Holder, 562 F.3d 314 (5th Cir. 2009) (jurisdictional limits on review for unexhausted claims)
Sung v. Keisler, 505 F.3d 372 (5th Cir. 2007) (limits on review of discretionary determinations)
Efe v. Ashcroft, 293 F.3d 899 (5th Cir. 2002) (adverse credibility standard in asylum/withholding cases)
Soadjede v. Ashcroft, 324 F.3d 830 (5th Cir. 2003) (abandonment of review for issues not meaningfully pursued)
Ulmer v. Chancellor, 691 F.2d 209 (5th Cir. 1982) (appointment of counsel and related proceedings in appeals)
Kane v. Holder, 581 F.3d 231 (5th Cir. 2009) (limitations on remand and new evidence in review)