Momin v. Gonzales ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT July 11, 2006
Charles R. Fulbruge III
Clerk
No. 05-60412
Summary Calendar
NIZAR RAHIM MOMIN,
Petitioner,
versus
ALBERTO R. GONZALES,
U.S. ATTORNEY GENERAL,
Respondent.
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Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A95 483 033
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Before HIGGINBOTHAM, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Nizar Rahim Momin, a native and citizen of Pakistan, petitions
this court to review the decision of the Board of Immigration
Appeals (BIA) denying his application for withholding of removal
and relief under the Convention Against Torture (CAT). Momin
argues that the BIA’s decision was erroneous because he
demonstrated that if he returns to Pakistan it is more likely than
not that he will be persecuted based on his membership in a
political party.
*
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this opinion should not be published and is not precedent except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. 05-60412
-2-
In support of his argument, Momin relies on his testimony
concerning arrests and beatings from the police and from members of
a rival political faction, the most serious of which occurred in
1998 when Momin claimed that he was arrested, hung upside down, and
beaten. We conclude from a review of the record, however, that the
BIA’s determination is supported by substantial evidence, and the
record does not compel a contrary conclusion. See Efe v. Ashcroft,
293 F.3d 899, 906 (5th Cir. 2002); Chun v. INS, 40 F.3d 76, 78 (5th
Cir. 1994).
The petition for review is DENIED.