United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 23, 2004
Charles R. Fulbruge III
Clerk
No. 03-60206
Summary Calendar
ANDRES F. MORALES,
Petitioner,
versus
JOHN ASHCROFT, U.S. ATTORNEY GENERAL,
Respondent.
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A78-600-720
Before GARWOOD, DEMOSS and CLEMENT, Circuit Judges.
PER CURIAM:*
Andres F. Morales petitions for review of an order of the
Board of Immigration Appeals (BIA) affirming the Immigration
Judge’s decision to deny his application for asylum and withholding
of removal under the Immigration and Nationality Act. He argues
that the BIA erred in determining that he was not persecuted based
upon his being in a particular social group.
*
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opinion should not be published and is not precedent except under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.
This court will uphold the findings that an alien is not
eligible for asylum or withholding if those findings are supported
by substantial evidence. Chun v. INS, 40 F.3d 76, 78 (5th Cir.
1994). Under this standard, the BIA’s determination will be
affirmed unless the “evidence compels a contrary conclusion.”
Carbajal-Gonzalez v. INS, 78 F.3d 194, 197 (5th Cir. 1996).
The evidence presented to the BIA does not compel the
conclusion that Morales was persecuted based on his association in
a particular social group. See Carbajal-Gonzalez, 78 F.3d at 197;
Faddoul v. INS, 37 F.3d 185, 188 (5th Cir. 1994); Adebisi v. INS,
952 F.2d 910, 912 (5th Cir. 1992). To be eligible for withholding
of deportation, an alien must demonstrate a “clear probability” of
persecution upon return. Faddoul, 37 F.3d at 188. Because Morales
failed to show a well-founded fear of persecution on a protected
ground as required for asylum, he also failed to show a clear
probability of persecution as required by the more stringent
standard for withholding of deportation. See id.
PETITION DENIED.
2