Sharaf v. Ashcroft

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 01-60829 Summary Calendar __________________ NEIK SALEH SHARAF, Petitioner, versus JOHN ASHCROFT, ATTORNEY GENERAL, Respondent. - - - - - - - - - - - Petition for Review of an Order of the Board of Immigration Appeals BIA No. A29 809 846 - - - - - - - - - - - July 24, 2002 Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges. PER CURIAM:* Neik Saleh Sharaf appeals the denial by the Board of Immigration Appeals (the Board) of his motion to reopen his deportation proceedings on the basis of changed country conditions. See 8 C.F.R. § 3.2 (2001). He argues that he will be persecuted by the Taliban upon his return to Afghanistan due to his former association with the Jamiat Islami military group. * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 01-60829 -2- Sharaf has failed to connect the change in government to his fear of persecution. He has therefore failed to demonstrate the requisite fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. See Efe v. Ashcroft, F.3d , 2002 WL 1209955, *5 (5th Cir. June 20, 2002). Moreover, the demise of the Taliban regime subsequent to the Board’s decision destroys Sharaf’s asylum claim. See United States v. Herrera-Ochoa, 245 F.3d 495, 501 (5th Cir. 2001). The Board did not abuse its discretion in denying Sharaf’s motion to reopen his deportation proceedings. INS v. Doherty, 502 U.S. 314, 322 (1992). AFFIRMED.