Cubas v. Ashcroft

U.S. Court of Appeals for the Fifth Circuit
Cubas v. Ashcroft, 117 F. App'x 369 (5th Cir. 2005)

Cubas v. Ashcroft

Opinion

PER CURIAM: *

Marcos Washington Cubas, his wife, Maria De Carmen Monsalve De Cubas, and their daughter, Marie Ella Cubas, petition for review of the Board of Immigration Appeals’ (“BIA”) opinion that affirmed the decision of the immigration judge denying Cubas asylum and withholding of removal.

The Cubases argues that the immigration judge’s finding that Cubas failed to demonstrate past persecution or a well-founded fear of future persecution is not supported by substantial evidence in light of his testimony and the evidence he submitted at the immigration hearing. We review the immigration judge’s decision because the BIA summarily affirmed the immigration judge’s decision, thereby making it the final agency decision. See Soadjede v. Ashcroft, 324 F.3d 830, 832 (5th Cir. 2003). We will uphold the immigration judge’s determination that Cuba is not eligible for asylum if it is supported by substantial evidence. Faddoul v. INS, 37 F.3d 185, 188 (5th Cir. 1994). To reverse the immigration judge’s determination that Cubas is not eligible for asylum, he must demonstrate the evidence was so compelling that no reasonable factfinder could conclude against it. Chun v. INS, 40 F.3d 76, 78 (5th Cir. 1994). Cubas has failed to make the requisite showing. Accordingly, the 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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
Marcos Washington CUBAS; Maria De Carmen Monsalve De Cubas; Marie Ella Cubas, Petitioners, v. John ASHCROFT, U.S. Attorney General, Respondent
Status
Unpublished