Filed: May 09, 2001
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-2483 THEODROS BEFEKADU, Petitioner, versus U.S. IMMIGRATION & NATURALIZATION SERVICE, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (No. A70-654-124) Submitted: April 17, 2001 Decided: May 9, 2001 Before WIDENER, WILLIAMS, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. David Goren, LAW OFFICE OF DAVID GOREN, Silver Spring, Maryland, for Petitioner. Stuart E. Schif
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-2483 THEODROS BEFEKADU, Petitioner, versus U.S. IMMIGRATION & NATURALIZATION SERVICE, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (No. A70-654-124) Submitted: April 17, 2001 Decided: May 9, 2001 Before WIDENER, WILLIAMS, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. David Goren, LAW OFFICE OF DAVID GOREN, Silver Spring, Maryland, for Petitioner. Stuart E. Schiff..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-2483
THEODROS BEFEKADU,
Petitioner,
versus
U.S. IMMIGRATION & NATURALIZATION SERVICE,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (No. A70-654-124)
Submitted: April 17, 2001 Decided: May 9, 2001
Before WIDENER, WILLIAMS, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
David Goren, LAW OFFICE OF DAVID GOREN, Silver Spring, Maryland,
for Petitioner. Stuart E. Schiffer, Acting Assistant Attorney
General, David V. Bernal, Assistant Director, Brenda E. Ellison,
Senior Litigation Counsel, Office of Immigration Litigation, Civil
Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.,
for Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Theodros Befekadu, a native and citizen of Ethiopia, petitions
for review of an order of the Board of Immigration Appeals (Board)
denying his application for asylum and withholding of deportation.
Befekadu contends he qualified for relief because of past perse-
cution in the form of a six-month detention by Ethiopia’s transi-
tional government following the overthrow of Mengistu’s brutal
Marxist regime. While we do not condone Befekadu’s detention, we
find that substantial evidence supports the Board’s conclusion that
it does not qualify as persecution within the meaning of the
Immigration and Nationality Act. 8 U.S.C. § 1105a(a)(4) (1994);*
8 U.S.C.A. § 1101(a)(42)(A) (West 1999); Fatin v. INS,
12 F.3d
1233, 1240, 1243 (3d Cir. 1993); M.A. v. INS,
899 F.2d 304, 307
(4th Cir. 1990) (en banc).
We accordingly affirm the Board’s order. We dispense with
oral argument because the facts and legal contentions are adequate-
ly presented in the materials before the court and argument would
not aid the decisional process.
AFFIRMED
*
We note that 8 U.S.C. § 1105a(a)(4) was repealed by the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(IIRIRA) effective April 1, 1997. Because this case was in transi-
tion at the time the IIRIRA was passed, 8 U.S.C. § 1105a(a)(4) is
still applicable here under the terms of the transitional rules
contained in § 309(c) of the IIRIRA.
2