Filed: Mar. 25, 2003
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 02-60351 Summary Calendar ORLANDO Y. SAY, also known as Orlando Yobani Say-Tuch, also known as Orlando Yobani Tuch, Petitioner, versus JOHN ASHCROFT, U.S. ATTORNEY GENERAL, Respondent. - Petition for Review of an Order of the Board of Immigration Appeals BIA No. A76 428 121 - March 25, 2003 Before JONES, STEWART and DENNIS, Circuit Judges. PER CURIAM:* Orlando Y. Say, a citizen of Guatemala, petitions this court for review of the Bo
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 02-60351 Summary Calendar ORLANDO Y. SAY, also known as Orlando Yobani Say-Tuch, also known as Orlando Yobani Tuch, Petitioner, versus JOHN ASHCROFT, U.S. ATTORNEY GENERAL, Respondent. - Petition for Review of an Order of the Board of Immigration Appeals BIA No. A76 428 121 - March 25, 2003 Before JONES, STEWART and DENNIS, Circuit Judges. PER CURIAM:* Orlando Y. Say, a citizen of Guatemala, petitions this court for review of the Boa..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-60351
Summary Calendar
ORLANDO Y. SAY,
also known as Orlando Yobani Say-Tuch,
also known as Orlando Yobani Tuch,
Petitioner,
versus
JOHN ASHCROFT, U.S. ATTORNEY GENERAL,
Respondent.
--------------------
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A76 428 121
--------------------
March 25, 2003
Before JONES, STEWART and DENNIS, Circuit Judges.
PER CURIAM:*
Orlando Y. Say, a citizen of Guatemala, petitions this
court for review of the Board of Immigration Appeals (BIA) decision
denying his application for political asylum and his request for
withholding of removal. Say asserts that he has suffered past
persecution and fears future persecution because of a statutorily
protected ground and that a reasonable fact-finder would have been
*
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this opinion should not be published and is not precedent except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. 02-60351
-2-
compelled to conclude that he has a well-founded fear of
persecution in Guatemala.
The BIA based its denial of Say’s application for
political asylum and his request for withholding of removal upon
the Immigration Judge’s finding that Say was not a credible witness
and that his claims of persecution were unbelievable. This court
does not review BIA decisions based purely on the Immigration
Judge’s assessment of the alien’s credibility. Chun v. INS,
40
F.3d 76, 78 (5th Cir. 1994).
Moreover, even taking Say’s testimony as true, this does
not establish a case for asylum. His testimony does not establish
a particularized connection between his political activity and his
current fear of persecution. See Faddoul v. INS,
37 F.3d 185, 188
(5th Cir. 1994). Say’s petition for review of the BIA decision is
DENIED.