Flores-Castillo v. INS ( 1995 )


Menu:
  •                 IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    __________________
    No. 95-60188
    Summary Calendar
    __________________
    APOLO ROGELIO FLORES-CASTILLO,
    Petitioner,
    versus
    IMMIGRATION AND NATURALIZATION SERVICE,
    Respondent.
    - - - - - - - - - -
    Petition for Review of an Order of the
    Board of Immigration Appeals
    A70-001-624
    - - - - - - - - - -
    December 1, 1995
    Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.
    PER CURIAM:*
    This is an appeal from the Board of Immigration Appeals'
    (BIA) order dismissing appellant's petition for asylum and
    withholding of deportation.    He urges that he is entitled to
    asylum or, alternatively, the case should be remanded to the BIA
    so that he may present his petition with the assistance of
    counsel.   He   requests that the court consider additional
    *
    Local Rule 47.5 provides: "The publication of opinions
    that have no precedential value and merely decide particular
    cases on the basis of well-settled principles of law imposes
    needless expense on the public and burdens on the legal
    profession." Pursuant to that Rule, the court has determined
    that this opinion should not be published.
    No. 95-60188
    -2-
    evidence which he did not submit during his deportation
    proceedings.
    This court's review is limited evidence included in the
    administrative record.     Miranda-Lores v. INS, 
    17 F.3d 84
    , 85 (5th
    Cir. 1994).    We have reviewed that record and the BIA's opinion
    and find no error.    8 U.S.C. § 1158(a); Jukic v. INS, 
    40 F.3d 747
    , 749 (5th Cir. 1994).     The appellant has failed to
    demonstrate that remand is required in this case.     28 U.S.C.
    § 2347(c).     If the appellant wishes to reopen his deportation
    proceeding, he should file with the BIA a motion to reopen the
    deportation proceedings for the submission of new evidence.
    Faddoul v. INS, 
    37 F.3d 185
    , 190 (5th Cir. 1994); Pritchett v.
    INS, 
    993 F.2d 80
    , 83 (5th Cir.), cert. denied, 
    114 S. Ct. 345
    (1993).
    DENIED.