Gebremeskel v. Ashcroft

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 19, 2004 Charles R. Fulbruge III Clerk No. 03-60666 Summary Calendar TESFAYE DAWIT GEBREMESKEL; DANIEL DAWIT GEBREMESKEL; SELAMAWIT GEBREMESKEL; SAMIEL DAWIT GEBREMESKEL, Petitioners, versus JOHN ASHCROFT, U.S. ATTORNEY GENERAL, Respondent. -------------------- Petition for Review of Decisions of the Board of Immigration Appeals No. A71 978 772 No. A71 978 773 No. A71 978 774 No. A71 978 751 -------------------- Before WIENER, BENAVIDES, and STEWART, Circuit Judges. PER CURIAM:* Tesfaye Dawit Gebremeskel, Daniel Dawit Gebremeskel, Selamawit Gebremeskel, and Samiel Dawit Gebremeskel, who are Ethiopians of Eritrean descent, petition for review of the decision of the Board of Immigration Appeals (BIA) affirming the decision of the Immigration Judge (IJ) denying them asylum, withholding of deportation, and relief under the Convention * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 03-60666 -2- Against Torture. They contend that the BIA’s use of streamlined procedures, affirming the IJ’s decision without opinion, deprived them of their right to an administrative appeal and amounted to mass-production appellate review; that the BIA erred by affirming the IJ’s decision rejecting their asylum and withholding-of- deportation claims; and that the BIA erred by affirming the IJ’s decision rejecting them relief under the Convention Against Torture. We deny the petition for review for the following reasons. First, the BIA’s summary-affirmance procedures “do not deprive this court of a basis for judicial review and . . . do not violate due process.” Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003). Second, the Gebremeskels have failed to demonstrate a well-founded fear of persecution on any ground if they were to return to Ethiopia. See Faddoul v. INS, 37 F.3d 185, 188 (5th Cir. 1994). Third, the Gebremeskels have failed to demonstrate any likelihood of torture were they to return to Ethiopia. See Efe v. Ashcroft, 293 F.3d 899, 997 (5th Cir. 2002). PETITION DENIED.