Kabeya v. Ashcroft ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 1, 2003
Charles R. Fulbruge III
Clerk
No. 02-60846
Summary Calendar
YVETTE KABEYA,
Petitioner,
versus
JOHN ASHCROFT, U.S. ATTORNEY GENERAL,
Respondent.
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Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A76-802-732
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Before HIGGINBOTHAM, DAVIS and PRADO, Circuit Judges.
PER CURIAM:*
Yvette Kabeya petitions for review of an order of the Board
of Immigration Appeals (“BIA”) affirming the immigration judge’s
(“IJ’s”) decision to deny her application for asylum and
withholding of removal. Kabeya also moves this court to stay the
final order of removal that has been entered against her. Kabeya
argues that the BIA erred by affirming the IJ’s determination
that she was not credible and thus had not shown that she was
entitled to asylum. The IJ’s credibility determination was based
*
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that this opinion should not be published and is not precedent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. 02-60846
-2-
on inconsistencies among Kabeya’s statements and testimony, her
failure to provide detail with respect to certain portions of her
testimony, her failure to provide corroborating documentary
evidence, and the implausible nature of her account.
This court will uphold the factual finding that an alien is
not eligible for asylum if that finding is supported by
substantial evidence. Chun v. INS, 40 F.3d 76, 78-79 (5th Cir.
1994). The substantial-evidence standard requires that the IJ’s
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 IJ’s decision is supported by
substantial evidence, and the record does not compel a contrary
conclusion. Id. Accordingly, Kabeya’s petition for review and
motion for stay of removal are DENIED.