No. 08-60393 Summary Calendar.United States Court of Appeals, Fifth Circuit.
April 28, 2009.
Viktor Pavlovitch Mytyuk, Oakdale, LA, pro se.
Ernesto Horacio Molina, Jr., Thomas Ward Hussey, Director, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, Trey Lund, U.S. Immigration and Customs Enforcement Field Office Director, New Orleans, LA, for Respondent.
Petition for Review of an Order of the Board of Immigration Appeals, BIA No. A88 057 059.
Before HIGGINBOTHAM, BARKSDALE, and ELROD, Circuit Judges.
PER CURIAM:[*]
Viktor Pavlovitch Mytyuk appeals the Board of Immigration Appeals’s (BIA’s)
Page 343
decision denying his requests for withholding of removal and relief under the Convention Against Torture (CAT) and moves for production of his criminal record. The Immigration Judge found, based on the totality of the record and Mytyuk’s demeanor during his testimony, that Mytyuk was not credible and was therefore not entitled to relief, noting specifically the significant inconsistencies between Mytyuk’s written application and his oral testimony.
Like his brief before the BIA, Mytyuk’s brief before this court fails to address the Immigration Judge’s credibility finding beyond mere conclusional representations of his truthfulness. He has therefore waived review of that issue by virtue of his inadequate briefing. See Calderon-Ontiveros v. INS, 809 F.2d 1050, 1052 (5th Cir. 1986); see also Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). Insofar as Mytyuk has adduced additional evidence outside of the administrative record, it is not considered. See 8 U.S.C. § 1252(b)(4)(A); Goonsuwan v. Ashcroft, 252 F.3d 383, 391 n. 15 (5th Cir. 2001).
PETITION DENIED; MOTION FOR DISCOVERY DENIED.