Filed: Nov. 08, 2006
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 8, 2006 Charles R. Fulbruge III Clerk No. 05-61091 Summary Calendar DAVID FERNELLI SACHICA RODRIGUEZ, Petitioner, versus ALBERTO R. GONAZLES, U.S. ATTORNEY GENERAL, Respondent. - Petition for Review of an Order of the Board of Immigration Appeals BIA No. A78 600 034 - Before JOLLY, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM:* David Fernelli Sachica Rodriguez (Sachica),
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 8, 2006 Charles R. Fulbruge III Clerk No. 05-61091 Summary Calendar DAVID FERNELLI SACHICA RODRIGUEZ, Petitioner, versus ALBERTO R. GONAZLES, U.S. ATTORNEY GENERAL, Respondent. - Petition for Review of an Order of the Board of Immigration Appeals BIA No. A78 600 034 - Before JOLLY, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM:* David Fernelli Sachica Rodriguez (Sachica), ..
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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 8, 2006
Charles R. Fulbruge III
Clerk
No. 05-61091
Summary Calendar
DAVID FERNELLI SACHICA RODRIGUEZ,
Petitioner,
versus
ALBERTO R. GONAZLES, U.S. ATTORNEY GENERAL,
Respondent.
--------------------
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A78 600 034
--------------------
Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
David Fernelli Sachica Rodriguez (Sachica), a native and
citizen of Colombia, petitions this court to review the decision
of the Board of Immigration Appeals (BIA) affirming without
opinion the immigration judge’s (IJ) denial of his application
for asylum and withholding of removal.
Sachica argues that the IJ applied the wrong legal standard
and erroneously determined that he did not suffer past
persecution and did not have a well-founded fear of future
persecution.
*
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this opinion should not be published and is not precedent except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. 05-61091
-2-
Sachica’s asylum claim is based on his numerous contacts
with various guerrilla groups, which occurred while he was flying
missions for National Helicopters of Colombia. We conclude from
a review of the record that the BIA’s decision is supported by
substantial evidence, and the record does not compel a conclusion
contrary to the IJ’s findings that the encounters with the
guerrillas do not rise to the level of persecution and that
Sachica failed to show a well-founded fear of future persecution.
See Eduard v. Ashcroft,
379 F.3d 182, 187 (5th Cir. 2004);
Mikhael v. INS,
115 F.3d 299, 304 (5th Cir. 1997).
The petition for review is DENIED. Sachica’s motion for
appointment of counsel is also DENIED.