U.S. Court of Appeals for the Fifth Circuit, 2004

Khawaja v. Ashcroft

Khawaja v. Ashcroft
U.S. Court of Appeals for the Fifth Circuit · Decided August 13, 2004 · Jolly, Higginbotham, Pickering
104 F. App'x 416

Khawaja v. Ashcroft

Opinion

PER CURIAM: *

Abdur Rahman Khawaja, a native and citizen of Pakistan, petitions this court for review of the dismissal by the Board of Immigration Appeals (BIA) of his appeal of the Immigration Judge’s denial of his application for asylum and withholding of deportation. Khawaja argues that the BIA erred in not applying the mixed-motives standard and in not finding that he was a refugee under the Immigration and Nationality Act (“the Act”).

We have reviewed the record and the briefs and conclude that the BIA applied the correct standard in determining whether Khawaja was persecuted or has a well-founded fear of persecution on account of an enumerated ground under the Act. See Girma v. INS, 283 F.3d 664, 666 (5th Cir. 2002). Additionally, the BIA’s finding that Khawaja was not a refugee under the Act is supported by substantial evidence, as the record does not compel a contrary conclusion. See INS v. Elias-Zacarias, 502 U.S. 478, 483, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992).

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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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