Filed: Dec. 13, 2000
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-60926 Summary Calendar NGOY DESIRE BANZE; SARAH KABUTU; KABULO OLOVIER BANZE, Petitioners, versus IMMIGRATION AND NATURALIZATION SERVICE, Respondent. - Petition for Review of an Order of the Board of Immigration Appeals BIA No. A29-916-157 BIA No. A29-916-158 BIA No. A29-916-159 - December 13, 2000 Before SMITH, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* Ngoy Desire Banze, Sarah Kabutu, and Kabulo Olovier Banze, petition
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-60926 Summary Calendar NGOY DESIRE BANZE; SARAH KABUTU; KABULO OLOVIER BANZE, Petitioners, versus IMMIGRATION AND NATURALIZATION SERVICE, Respondent. - Petition for Review of an Order of the Board of Immigration Appeals BIA No. A29-916-157 BIA No. A29-916-158 BIA No. A29-916-159 - December 13, 2000 Before SMITH, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* Ngoy Desire Banze, Sarah Kabutu, and Kabulo Olovier Banze, petition ..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-60926
Summary Calendar
NGOY DESIRE BANZE; SARAH KABUTU;
KABULO OLOVIER BANZE,
Petitioners,
versus
IMMIGRATION AND NATURALIZATION SERVICE,
Respondent.
--------------------
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A29-916-157
BIA No. A29-916-158
BIA No. A29-916-159
--------------------
December 13, 2000
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Ngoy Desire Banze, Sarah Kabutu, and Kabulo Olovier Banze,
petition for review of the Board of Immigration Appeals (BIA)
denial of an asylum and withholding of deportatation application.
As the application was filed prior to the effective date of the
1996 amendments to the Immigration and Nationality Act, the pre-
amendment law governs.
*
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that this opinion should not be published and is not precedent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.
No. 99-60926
-2-
The Attorney General may grant an asylum request to an alien
who demonstrates past “persecution or a well-founded fear of
persecution on account of race, religion, nationality, membership
in a particular social group, or political opinion . . . .”
8 U.S.C. §§ 1158(b), 1101(a)(42)(A). As the BIA conducted a de
novo review, we review only the decision of the BIA. See Carbajal-
Gonzalez v. INS,
78 F.3d 194, 197 (5th Cir. 1996). The BIA’s
deportation order will be sustained if “‘supported by reasonable,
substantial, and probative evidence on the record considered as a
whole’”. INS v. Elias-Zacarias,
502 U.S. 478, 481 (1992) (quoting
8 U.S.C. § 1105a(a)(4)). Under this standard, the evidence must
not merely support the asylum claim; it must “compel[] it”.
Id. at
481 n.1.
The evidence does not compel the conclusion that Banze was
persecuted in the past for political opinion or that he has a well-
founded fear of future persecution. The BIA’s determination that
Banze’s testimony was not sufficiently detailed with respect to
Banze’s activities in the Union for Democracy and Social Progress
(UDPS), or with respect to his second arrest is not an unreasonable
view of the record. See Chun v. INS,
40 F.3d 76, 78-79 (5th Cir.
1994). Although Banze may have been arrested, and although UDPS
members have been targeted and harassed by forces aligned with the
Zairean government, Banze has not demonstrated that his arrests
were actually motivated by his UDPS membership or that he has a
reasonable fear of persecution upon returning to Zaire. As Banze
has not met the burden for asylum, he cannot meet the more
stringent burden for withholding of deportation. See Adebisi v.
No. 99-60926
-3-
INS,
952 F.2d 910, 914 (5th Cir. 1992). We DENY the petition for
review.
DENIED.