Ljuljanovic v. Ashcroft

U.S. Court of Appeals for the Fifth Circuit
Ljuljanovic v. Ashcroft, 79 F. App'x 641 (5th Cir. 2003)

Ljuljanovic v. Ashcroft

Opinion

PER CURIAM. *

Sabahudin Ljuljanovic petitions this court to review the decision of the Board of Immigration Appeals (“BIA”) affirming the immigration judge’s (“IJ”) denial of relief. The IJ denied Ljuljanovic’s requests for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Ljuljanovic argues that: (1) the BIA violated his due process rights by summarily affirming the IJ’s decision; (2) the IJ erred in concluding that he failed to establish a well-founded fear of persecution; and (3) the IJ erred in concluding that he was not entitled to relief under the CAT.

Ljuljanovic’s due process challenge to the BIA’s summary affirmance procedure is without merit. See Soadjede v. Ashcroft, 324 F.3d 830, 832-33 (5th Cir. 2003).

The IJ’s finding regarding that Ljuljanovic failed to establish a well-founded fear of persecution was based upon Ljuljanovic’s overall lack of knowledge concerning the political and social changes in Montenegro. This conclusion was based on the evidence presented and is substantially reasonable. See Carbajal-Gonzalez v. *642 INS, 78 F.3d 194, 197 (5th Cir. 1996). Accordingly, the IJ’s determination must be upheld. See Efe v. Ashcroft, 293 F.3d 899, 903 (5th Cir. 2002).

Ljuljanovic also argues that the IJ erred in denying him relief under the CAT. Considering the evidence presented, the record does not compel the finding that Ljuljanovic met his burden to show that it is more likely than not that he would be tortured in Montenegro. See id. at 907.

Accordingly, Ljuljanovic’s petition for review is DENIED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
Sabahudin LJULJANOVIC, Petitioner, v. John ASHCROFT, U.S. Attorney General, Respondent
Status
Unpublished