Singh v. Ashcroft

U.S. Court of Appeals for the Fifth Circuit
Singh v. Ashcroft, 85 F. App'x 399 (5th Cir. 2004)

Singh v. Ashcroft

Opinion

PER CURIAM. *

Parvinder Singh petitions for review of an order of the Board of Immigration Appeals (BIA) affirming the immigration judge’s decision to deny his application for asylum and withholding of removal under both the Immigration and Nationality Act (INA) and the Convention Against Torture (CAT). Singh claims the BIA erred in determining that he had not established past persecution based on his religion and political opinions or a well-founded fear of future persecution. (He makes no contention under the CAT and has therefore waived that issue on appeal. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).)

This court will uphold the factual findings that an alien is not eligible for asylum or withholding of removal if those findings are supported by substantial evidence. Mikhael v. INS, 115 F.3d 299, 302 (5th Cir. 1997). The substantial evidence standard requires that the decision be based on the evidence presented and that the decision be substantially reasonable. Carbajal-Gonzalez v. INS, 78 F.3d 194, 197 (5th Cir. 1996). The BIA’s decision is supported by substantial evidence, and the record does not compel a contrary conclusion. See id.

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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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
Parvinder SINGH, Petitioner, v. John ASHCROFT, U.S. Attorney General, Respondent
Status
Unpublished