IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-60018
Summary Calendar
ZOLTAN SZABO,
Petitioner,
versus
IMMIGRATION AND NATURALIZATION
SERVICE,
Respondent..
- - - - - - - - - -
Petition for Review of an Order of
the Board of Immigration Appeals
USDC No. A70-802-521
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November 17, 1998
Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.
PER CURIAM:*
Zoltan Szabo, an ethnic Hungarian who is a native and citizen
of Romania, has petitioned this court to review the Board of
Immigration Appeal’s (BIA) determination that he should be
deported. We DENY Szabo’s petition. The BIA’s decision was
supported by “reasonable, substantial, and probative evidence on
the record considered as a whole.” Carbajal-Gonzalez v. INS, 78
F.3d 194, 197 (5th Cir. 1996).
*
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that this opinion should not be published and is not precedent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. 98-60018
-2-
Assuming Szabo has established that he was previously
persecuted in Romania, State Department documents introduced in
Szabo’s immigration proceedings were sufficient to overcome the
presumption that he has a reasonable fear of present or future
persecution. See 8 C.F.R. § 208.13(b)(1)(i); Vaduva v. INS, 131
F.3d 689, 691-92 (7th Cir. 1997). The BIA did not err in
determining that Szabo was not entitled to asylum under the
doctrine articulated in Matter of Chen, 20 I&N Dec. 16 (BIA April
25, 1989), and its factual determinations in ruling on this matter
were supported by substantial evidence. See Rivera-Cruz v. INS,
948 F.2d 962, 969 (5th Cir. 1991).
PETITION DENIED.