Filed: May 09, 2003
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS May 8, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 02-60477 Summary Calendar RUBEN PEREIRA; VILMA ESPERANZA SOLIS-RIVERA; RUBEN ALBERTO PEREIRA-SOLIS; VILMA VIOLETA PEREIRA-SOLIS, Petitioners, versus JOHN ASHCROFT, U.S. ATTORNEY GENERAL, Respondent. * * * * * * * * * * CONSOLIDATED WITH 02-60478 * * * * * * * * * * ROBEL PEREIRA-SOLIS, Petitioner, versus JOHN ASHCROFT, U.S. ATTORNEY GENE
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS May 8, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 02-60477 Summary Calendar RUBEN PEREIRA; VILMA ESPERANZA SOLIS-RIVERA; RUBEN ALBERTO PEREIRA-SOLIS; VILMA VIOLETA PEREIRA-SOLIS, Petitioners, versus JOHN ASHCROFT, U.S. ATTORNEY GENERAL, Respondent. * * * * * * * * * * CONSOLIDATED WITH 02-60478 * * * * * * * * * * ROBEL PEREIRA-SOLIS, Petitioner, versus JOHN ASHCROFT, U.S. ATTORNEY GENER..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS May 8, 2003
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
Clerk
No. 02-60477
Summary Calendar
RUBEN PEREIRA; VILMA ESPERANZA SOLIS-RIVERA;
RUBEN ALBERTO PEREIRA-SOLIS; VILMA VIOLETA
PEREIRA-SOLIS,
Petitioners,
versus
JOHN ASHCROFT, U.S. ATTORNEY GENERAL,
Respondent.
* * * * * * * * * *
CONSOLIDATED WITH
02-60478
* * * * * * * * * *
ROBEL PEREIRA-SOLIS,
Petitioner,
versus
JOHN ASHCROFT, U.S. ATTORNEY GENERAL,
Respondent.
--------------------
Petition for Review of Orders of the
Board of Immigration Appeals
BIA No. A73 756 832
BIA No. A73 756 834
BIA No. A73 756 836
BIA No. A73 756 837
BIA No. A76 226 680
--------------------
Before DAVIS, WIENER and EMILIO M. GARZA, Circuit Judges.
No. 02-60477 c/w 02-60478
-2-
PER CURIAM:*
Ruben Pereira, his wife, and his children (collectively, the
Pereiras) petition for review of the decision of the Board of
Immigration Appeals (BIA) summarily affirming the immigration
judge’s decision to deny their application for asylum and for a
withholding of deportation. They argue that the summary
affirmance procedures of the BIA, as codified at the time of
their hearing under 8 C.F.R. § 3.1(a)(7)(ii),** deprive them of
meaningful judicial review and deny them due process. Their
contentions are without merit. See Soadjede v. Ashcroft, ___
F.3d ___ (5th Cir. Mar. 28, 2003),
2003 WL 1093979.
The Pereiras also assert that the BIA violated 8 C.F.R.
§ 3.1(a)(7)(ii) because it affirmed the decision of the
immigration judge despite the fact that the immigration judge
committed material errors. This is in effect a challenge to the
merits of the immigration judge’s decision. Even if it is
assumed that the immigration judge did not consider their
documentary evidence detailing the conditions in Guatemala during
the 1980s and at the time of their departure (despite having
considered other documentary evidence presented before the
hearing), the Pereiras have not shown that this general
*
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.
**
The regulation is currently codified under 8 C.F.R.
§ 1003.1(a)(7)(ii).
No. 02-60477 c/w 02-60478
-3-
information was sufficient to overcome the flaws in the evidence
presented in the application and at the hearing. The Pereiras
likewise have not established that Ruben Pereira’s membership in
a particular social group, resulting from his position as a
former national police officer, is sufficient to overcome that
evidence, in light of the fact that Ruben Pereira stayed on
relatively amicable terms with the police while working as a
truck driver. We have reviewed the record and the briefs and
determine that the decision is supported by substantial evidence.
See Carbajal-Gonzalez v. INS,
78 F.3d 194, 197 (5th Cir. 1996).
The petition for review is DENIED.