UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 96-60490
Summary Calendar
PASCUAL REN,
Petitioner,
VERSUS
IMMIGRATION AND NATURALIZATION SERVICE,
Respondent.
Petition for Review of an Order of the
Board of Immigration Appeals
(A-70-671-591)
May 15, 1997
Before WISDOM, KING, and SMITH, Circuit Judges.
PER CURIAM:*
The appellant, Pascual Ren, petitions this court to review the decision
Immigration Appeals upholding the Immigration Judge’s denial of his petition
and withholding of deportation.
We will not reverse the findings of the Board of Immigration Appeals, o
Judge if the Board adopted his findings, if there is substantial evidence to
*
Pursuant to Local Rule 47.5, the court has determined t hat this opinion should not be
published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.
decision. Jukic v. I.N.S., 40 F.3d 747, 749 (5th Cir. 1994). Reversal is
the evidence is “so compelling that no reasonable fact-finder could fail to
fear of persecution”. I.N.S. v. Elias-Zacarias, 502 U.S. 478, 483-84 (1992
A review of the record indicates that Ren has not shown evidence of pas
fear of persecution because of one of the five statutory grounds in the defi
at 8 U.S.C. § 1101(a)(42)(a). Rather, Ren’s fear was one of conscription or
his refusal to be recruited. Hence, as the Immigration Judge found, any per
experienced or fears he will experience is a result of his refusal to fight.
abuse its discretion, therefore, in upholding the decision of the Immigratio
Ren contends that under international law he should be granted temporar
United States as a place of safe haven. That issue was not raised before th
not consider it. Ozdemir v. I.N.S., 46 F.3d 6, 8 (5th Cir. 1994). Further
international law controls only where there is no treaty and no controlling
legislative act or judicial decision. Gisbert v. U.S. Attorney Gen., 988 F
Cir. 1993).
The petition for review is DENIED.
2