United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT February 23, 2004

Charles R. Fulbruge III Clerk No. 03-60206 Summary Calendar

ANDRES F. MORALES,

Petitioner,

versus

JOHN ASHCROFT, U.S. ATTORNEY GENERAL,

Respondent.

Petition for Review of an Order of the Board of Immigration Appeals BIA No. A78-600-720

Before GARWOOD, DEMOSS and CLEMENT, Circuit Judges.

PER CURIAM:*

Andres F. Morales 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 the Immigration and Nationality Act. He argues

that the BIA erred in determining that he was not persecuted based

upon his being in a particular social group.

* 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 R. 47.5 the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. This court will uphold the findings that an alien is not

eligible for asylum or withholding if those findings are supported

by substantial evidence. Chun v. INS,

(5th Cir.

1994). Under this standard, the BIA’s determination will be

affirmed unless the “evidence compels a contrary conclusion.”

Carbajal-Gonzalez v. INS,

(5th Cir. 1996).

The evidence presented to the BIA does not compel the

conclusion that Morales was persecuted based on his association in

a particular social group. See Carbajal-Gonzalez,

;

Faddoul v. INS,

(5th Cir. 1994); Adebisi v. INS,

(5th Cir. 1992). To be eligible for withholding

of deportation, an alien must demonstrate a “clear probability” of

persecution upon return. Faddoul,

. Because Morales

failed to show a well-founded fear of persecution on a protected

ground as required for asylum, he also failed to show a clear

probability of persecution as required by the more stringent

standard for withholding of deportation. See

PETITION DENIED.

2