Ali v. Gonzales

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 20, 2006 Charles R. Fulbruge III Clerk No. 05-60389 Summary Calendar SHAHBUDDIN NOOR ALI, Petitioner, versus ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL, Respondent. -------------------- Petition for Review of an Order of the Board of Immigration Appeals BIA No. A79 007 805 -------------------- Before DAVIS, BARKSDALE and BENAVIDES, Circuit Judges. PER CURIAM:* Shahbuddin Noor Ali, a native and citizen of Pakistan, petitions this court for review of the Board of Immigration Appeals’ (BIA) decision affirming the Immigration Judge’s (IJ) denial of his applications for withholding of removal and relief under the Convention Against Torture (CAT). Ali contends that the BIA erred in affirming the IJ’s denial of withholding of removal and relief under the CAT because he established that he suffered past persecution and torture and it was more likely than * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-60389 -2- not that he would be persecuted and tortured if he returned to Pakistan. After careful review of the record and the briefs, this court concludes that the BIA’s determination that Ali is not eligible for withholding of removal or relief under the CAT is supported by substantial evidence, and the record does not compel a contrary conclusion. See Efe v. Ashcroft, 293 F.3d 899, 903, 906-07 (5th Cir. 2002). Therefore, Ali’s petition for review is DENIED.