United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 15, 2003
Charles R. Fulbruge III
Clerk
No. 03-60045
Summary Calendar
BITEWEDED BERHANE,
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. A77 871 723
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Before HIGGINBOTHAM, DAVIS and PRADO, Circuit Judges.
PER CURIAM:*
Biteweded Berhane, a native of Ethiopia, petitions this
court for review of the affirmance by the Board of Immigration
Appeals (BIA) of the Immigration Judge’s (IJ) decision denying
Berhane’s application for asylum, withholding of removal, and
relief under the United Nations Convention Against Torture.
Berhane’s claim for asylum centered on the border conflict
between Ethiopia and Eritrea that arose in 1998 and Ethiopia’s
deportation of Ethiopians of Eritrean origin, such as Berhane, to
*
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that this opinion should not be published and is not precedent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. 03-60045
-2-
Eritrea and Eritrea’s persecution of Jehovah’s Witnesses who
refused to fight. Berhane acknowledges that the countries have
entered into a cease-fire agreement but contends that their past
persecution of Ethiopians of Eritrean origin and Jehovah’s
Witnesses warranted a finding that he had a well-founded fear of
persecution if returned to Ethiopia. Berhane also seeks review
of the dismissal of his asylum application as frivolous 8 U.S.C.
§ 1158(d)(6), and he argues that he did not know that the letter
allegedly from Ethiopia submitted with his application had been
fabricated.
The IJ’s determination that Berhane did not establish past
persecution or a well-founded fear of persecution if returned to
Ethiopia is supported by substantial evidence, and Berhane has
not shown that the evidence presented was so compelling to
require a finding of the requisite fear of persecution. See
Ontunez-Tursios v. Ashcroft, 303 F.3d 341, 350-51 (5th Cir.
2002); see also Rojas v. INS, 937 F.2d 186, 190 n.1 (5th Cir.
1991). Nor has he made such a showing with respect to the denial
of his request for withholding of removal or for relief under the
Convention Against Torture. See Faddoul v. INS, 37 F.3d 185, 188
(5th Cir. 1994); 8 C.F.R. § 208.16(c)(2). The IJ’s determination
that Berhane knowingly submitted a fabricated document with his
application and the dismissal of the application as frivolous are
supported by the record. See Efe v. Ashcroft, 293 F.3d 899, 908
(5th Cir. 2002).
PETITION DENIED.