Paramero-Torres v. Gonzales , 124 F. App'x 912 ( 2005 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT March 30, 2005
Charles R. Fulbruge III
Clerk
No. 04-60333
Summary Calendar
IBAN PARAMERO-TORRES
Petitioner
v.
JOHN ASHCROFT, US ATTORNEY GENERAL
Respondent
--------------------
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A79 711 139
--------------------
Before KING, Chief Judge, and JOLLY and CLEMENT, Circuit Judges.
PER CURIAM:*
Iban Paramero-Torres has filed a petition for review of the
Board of Immigration Appeals’ (“BIA”) order, denying him
withholding of removal and relief under the Convention Against
Torture (“CAT”). Because the BIA did not adopt the immigration
judge’s decision, but issued its own decision, this court reviews
the decision of the BIA. See Girma v. INS, 283 F.3d 664, 666
(5th Cir. 2002). Accordingly, Paramero’s arguments that the
immigration judge erred in its adverse credibility determination
*
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this opinion should not be published and is not precedent except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. 04-60333
-2-
and erred in failing to address his entitlement to relief under
the CAT are not subject to review by this court. Id.Paramero argues that he was eligible for withholding of
removal because he demonstrated that he was persecuted and fears
persecution by guerillas in Columbia on account of his religious
beliefs and practices. To be eligible for withholding of removal
under the Immigration and Nationality Act, an alien must
demonstrate a clear probability of persecution upon return. Roy
v. Ashcroft, 389 F.3d 132, 138 (5th Cir. 2004). The BIA’s
decision that Paramero had failed to demonstrate clear
probability of persecution is supported by substantial evidence.
Zamora-Morel v. INS, 905 F.2d 833, 838 (5th Cir. 1990). The
petition for review is DENIED.