Elbashilli 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 January 6, 2005
Charles R. Fulbruge III
Clerk
No. 04-60064
Summary Calendar
SALWA ZINHOUM MOHAMED ELBASHLLI,
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. A78 582 197
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Before DAVIS, SMITH, and DENNIS, Circuit Judges.
PER CURIAM:*
Salwa Zinhoum Mohamed Elbashlli 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 under the Immigration and
Nationality Act (INA) as well as the Convention Against Torture
(CAT). Elbashlli argues that the BIA erred in determining that she
had not established entitlement to asylum and withholding of
removal under both the INA and the CAT.
*
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this opinion should not be published and is not precedent except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. 04-60064
-2-
This court will uphold the factual findings that an alien is
not eligible for asylum or withholding of removal if those findings
are supported by substantial evidence. Chun v. INS, 40 F.3d 76,
78-79 (5th Cir. 1994). The substantial evidence standard requires
that the 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 BIA’s decision is supported by
substantial evidence, and the record does not compel a contrary
conclusion as to either Elbashlli’s INA claims or her CAT claim.
See id. Accordingly, Elbashlli’s petition for review is DENIED.