Ntumba-Kadiombo v. Gonzales

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT January 3, 2007
Charles R. Fulbruge III
Clerk
No. 05-60995
Summary Calendar
ROSALIE NTUMBA-KADIOMBO,
Petitioner,
versus
ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL,
Respondent.
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Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A77 943 007
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Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Rosalie Ntumba-Kadiombo, a native and citizen of the
Democratic Republic of the Congo, petitions this court to review
the decision of the Board of Immigration Appeals (BIA) denying
her application for asylum. The immigration judge (IJ) denied
relief based upon a finding that her testimony was not credible,
and the BIA affirmed the IJ’s decision. Ntumba-Kadiombo argues
that she is a refugee for purposes of obtaining asylum and that
her testimony was credible.
*
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this opinion should not be published and is not precedent except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. 05-60995
-2-
Ntumba-Kadiombo’s appeal is subject to dismissal for failure
to comply with the rules requiring citations to the record and
relevant legal authority. See Moore v. FDIC, 993 F.2d 106, 107
(5th Cir. 1993); FED. R. APP. P. 28(a); 5TH CIR. RULE 28.2.3.
Moreover, assuming arguendo that her arguments were briefed
adequately, we would not “substitute our judgment for that of the
BIA or IJ with respect to the credibility of witnesses or
ultimate factual findings based on credibility determinations.”
Chun v. INS, 40 F.3d 76, 78 (5th Cir. 1994).
The petition for review is DENIED.