Filed: Aug. 18, 2005
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 August 18, 2005 Charles R. Fulbruge III Clerk No. 04-60506 Summary Calendar SHALOM KINFE ANDEMSKEL, Petitioner, versus ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL, Respondent. - Petition for Review of an Order of the Board of Immigration Appeals BIA No. A78 874 271 - Before GARWOOD, JONES and SMITH, Circuit Judges. PER CURIAM:* Shalom Kinfe Andemskel (Andemskel), a citizen of Eritrea
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT August 18, 2005 Charles R. Fulbruge III Clerk No. 04-60506 Summary Calendar SHALOM KINFE ANDEMSKEL, Petitioner, versus ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL, Respondent. - Petition for Review of an Order of the Board of Immigration Appeals BIA No. A78 874 271 - Before GARWOOD, JONES and SMITH, Circuit Judges. PER CURIAM:* Shalom Kinfe Andemskel (Andemskel), a citizen of Eritrea,..
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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 August 18, 2005
Charles R. Fulbruge III
Clerk
No. 04-60506
Summary Calendar
SHALOM KINFE ANDEMSKEL,
Petitioner,
versus
ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL,
Respondent.
--------------------
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A78 874 271
--------------------
Before GARWOOD, JONES and SMITH, Circuit Judges.
PER CURIAM:*
Shalom Kinfe Andemskel (Andemskel), a citizen of Eritrea,
petitions this court to review the judgment of the Board of
Immigration Appeals (BIA) affirming the decision of the
Immigration Judge (IJ) denying her application for asylum. The
IJ determined that despite some mostly ambiguous evidence of past
persecution, Andemskel failed to establish a well-founded fear of
future persecution. In reaching his decision, the IJ relied on
evidence that Andemskel remained in Eritrea without meaningful
*
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this opinion should not be published and is not precedent except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. 04-60506
-2-
incident for almost two years after the last claimed persecution
and that her father and three sisters remain in Eritrea without
harm and also evidence of dramatically changed country conditions
contained in the record.
Andemskel argues that the presumption of a well-founded fear
of future persecution was not rebutted and that the IJ did not
analyze the facts correctly in determining the presumption was
rebutted. We disagree. We conclude that the decision is
supported by substantial evidence, and the evidence in the record
does not compel a contrary conclusion. Mikhael v. I.N.S.,
115
F.3d 299, 302 (5th Cir. 1997); Gomez-Mejia v. I.N.S.,
56 F.3d
700, 702 (5th Cir. 1995).
With regard to the claims requesting withholding of removal
and protection under the Convention Against Torture (CAT) raised
in her petition before the IJ, Andemskel correctly recognizes
that the standards for proving entitlement for withholding of
removal and for withholding under the CAT are higher than that
for asylum. Because Andemskel has failed to satisfy the lower
standard for asylum based on the evidence in this case, she
concedes that it necessarily follows that she has failed to
satisfy the higher standards for her other two claims.
Andemskel’s petition for review is DENIED.