Filed: Nov. 03, 2004
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 FOR THE FIFTH CIRCUIT November 3, 2004 Charles R. Fulbruge III Clerk No. 03-60794 Summary Calendar ANTOINE NGENDAHAYO AHORUKOMEYE, Petitioner, versus JOHN ASHCROFT, U.S. ATTORNEY GENERAL, Respondent. - Petition for Review of an Order of the Board of Immigration Appeals BIA No. A79 512 916 - Before DAVIS, SMITH, and DENNIS, Circuit Judges. PER CURIAM:* Antoine Ngendahayo Ahorukomeye petitions for review o
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT November 3, 2004 Charles R. Fulbruge III Clerk No. 03-60794 Summary Calendar ANTOINE NGENDAHAYO AHORUKOMEYE, Petitioner, versus JOHN ASHCROFT, U.S. ATTORNEY GENERAL, Respondent. - Petition for Review of an Order of the Board of Immigration Appeals BIA No. A79 512 916 - Before DAVIS, SMITH, and DENNIS, Circuit Judges. PER CURIAM:* Antoine Ngendahayo Ahorukomeye petitions for review of..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT November 3, 2004
Charles R. Fulbruge III
Clerk
No. 03-60794
Summary Calendar
ANTOINE NGENDAHAYO AHORUKOMEYE,
Petitioner,
versus
JOHN ASHCROFT, U.S. ATTORNEY GENERAL,
Respondent.
--------------------
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A79 512 916
--------------------
Before DAVIS, SMITH, and DENNIS, Circuit Judges.
PER CURIAM:*
Antoine Ngendahayo Ahorukomeye petitions for review of an
order of the Board of Immigration Appeals (BIA) affirming the
immigration judge’s (IJ’s) decision to deny his application for
asylum and withholding of removal under the Immigration and
Nationality Act (INA) as well as the Convention Against Torture
(CAT). Ahorukomeye argues that the BIA erred in determining that
he had not established entitlement to asylum and withholding of
removal under both the INA and the CAT based on both his own
testimony and documentary evidence submitted to the IJ.
*
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this opinion should not be published and is not precedent except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. 03-60794
-2-
This court will uphold the factual findings that an alien is
not eligible for asylum or withholding of removal if those findings
are supported by substantial evidence. Chun v. INS,
40 F.3d 76,
78-79 (5th Cir. 1994). The substantial evidence standard requires
that the decision be based on the evidence presented and that the
decision be substantially reasonable. Carbajal-Gonzalez v. INS,
78
F.3d 194, 197 (5th Cir. 1996). The BIA’s decision is supported by
substantial evidence, and the record does not compel a contrary
conclusion as to either Ahorukomeye’s INA claims or his CAT claim.
See
id. Accordingly, Ahorukomeye’s petition for review is DENIED.