Ahmed v. Ashcroft ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS March 23, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-60474
Summary Calendar
KILOCHO MALUMALU AHMED,
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. A79 105 455
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Before HIGGINBOTHAM, DAVIS and PRADO, Circuit Judges.
PER CURIAM:*
Kilocho Malumalu Ahmed petitions this court for review of
the decision of the Board of Immigration Appeals (BIA) affirming
the Immigration Judge’s (IJ) order denying his application for
asylum, withholding of removal, and withholding of removal under
the provisions of the Convention Against Torture.
When, as here, the BIA summarily affirms without opinion and
essentially adopts the IJ’s decision, we review the IJ’s
decision. See Mikhael v. INS, 115 F.3d 299, 302 (5th Cir. 1997).
*
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that this opinion should not be published and is not precedent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. 03-60474
-2-
Because Ahmed’s brief does not address the IJ’s findings on
withholding of removal or withholding under the provisions of the
Convention Against Torture, we do not review them. See Soadjede
v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003).
Ahmed argues that the IJ erred in determining that he did
not have a well-founded fear of persecution based on his past
membership in a now-defunct political party and his refusal to
join the Congolese military. Based upon our review of the
record, we conclude that the IJ’s ultimate determination is
supported by substantial evidence and is reasonable. See
Ontunez-Tursios v. Ashcroft, 303 F.3d 341, 350 (5th Cir. 2002).
Ahmed has not shown that the evidence compels a finding that he
would face persecution on a protected ground. See Girma v. INS,
283 F.3d 664, 667, 669 (5th Cir. 2002); 8 U.S.C. § 1101(a)(42)(A)
(a refugee is unwilling or unable to return because of
persecution “on account of race, religion, nationality,
membership in a particular social group, or political opinion”).
The petition for review is DENIED.