Khawaja v. Ashcroft

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 13, 2004
Charles R. Fulbruge III
Clerk
No. 03-60886
Summary Calendar
ABDUR RAHMAN KHAWAJA,
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. A72 023 430
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Before JOLLY, HIGGINBOTHAM, and PICKERING, Circuit Judges.
PER CURIAM:*
Abdur Rahman Khawaja, a native and citizen of Pakistan,
petitions this court for review of the dismissal by the Board of
Immigration Appeals (BIA) of his appeal of the Immigration
Judge’s denial of his application for asylum and withholding of
deportation. Khawaja argues that the BIA erred in not applying
the mixed-motives standard and in not finding that he was a
refugee under the Immigration and Nationality Act (“the Act”).
We have reviewed the record and the briefs and conclude that
the BIA applied the correct standard in determining whether
*
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this opinion should not be published and is not precedent except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. 03-60886
-2-
Khawaja was persecuted or has a well-founded fear of persecution
on account of an enumerated ground under the Act. See Girma v.
INS, 283 F.3d 664, 666 (5th Cir. 2002). Additionally, the BIA’s
finding that Khawaja was not a refugee under the Act is supported
by substantial evidence, as the record does not compel a contrary
conclusion. See INS v. Elias-Zacarias, 502 U.S. 478, 483 (1992).
Accordingly, Khawaja’s petition for review is DENIED.