United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 18, 2006
Charles R. Fulbruge III
Clerk
No. 05-60976
Summary Calendar
ABEL SAINTILMA,
Petitioner,
versus
ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL,
Respondent.
--------------------
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A97 133 927
--------------------
Before SMITH, WIENER, and OWEN, Circuit Judges.
PER CURIAM:*
Abel Saintilma, a native and citizen of Haiti, petitions
this court to review the decision of the Board of Immigration
Appeals (BIA) affirming without opinion the immigration judge’s
(IJ) denial of his application for asylum and withholding of
removal. Saintilma argues that the IJ applied the wrong legal
standard and erroneously determined that he did not suffer past
persecution and did not have a well-founded fear of future
persecution. He also argues that the IJ erroneously determined
*
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this opinion should not be published and is not precedent except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. 05-60976
-2-
that he was fleeing from general civil strife and could relocate
within Haiti.
Saintilma’s asylum claim is based on two incidents in which
the Chimere, a group supporting former president Jean-Bertrand
Aristide, threatened him because Saintilma is opposed to
Aristide. We conclude from a review of the record that the BIA’s
decision is supported by substantial evidence, and the record
does not compel a conclusion contrary to the IJ’s findings that
the encounters with the Chimere do not rise to the level of
persecution and that Saintilma failed to show a well-founded fear
of future persecution. See Eduard v. Ashcroft, 379 F.3d 182, 187
(5th Cir. 2004); Mikhael v. INS, 115 F.3d 299, 304 (5th Cir.
1997).
The petition for review is DENIED.