United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 12, 2006
Charles R. Fulbruge III
Clerk
No. 05-60862
Summary Calendar
ENRIQUE REYES,
Petitioner,
versus
ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL,
Respondent.
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Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A29 934 289
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Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Enrique Reyes, a native and citizen of Honduras, petitions
this court to review the decision of the Board of Immigration
Appeals denying his application for asylum, withholding of
removal, and relief under the Convention Against Torture (CAT).
Reyes argues that he demonstrated past persecution because of his
political opinion and that he would likely be persecuted on that
basis in Honduras in the future. He also argues that he is
entitled to relief under the CAT.
*
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this opinion should not be published and is not precedent except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. 05-60862
-2-
After reviewing the record, we conclude that substantial
evidence supports the finding that Reyes and his wife were not
persecuted because of their political beliefs. Likewise,
substantial evidence supports the finding that Reyes is not
likely to be persecuted because of his political opinion upon his
removal to Honduras. Accordingly, we affirm the denial of his
applications for asylum and withholding of removal. See 8 U.S.C.
§§ 1101(a)(42)(A), 1231(b)(3); Mikhael v. INS, 115 F.3d 299, 302
(5th Cir. 1997); Chun v. INS, 40 F.3d 76, 78 (5th Cir. 1994). We
also find that substantial evidence supports the determination
that Reyes was not entitled to relief under the CAT because he
did not establish that the Honduran government is likely to
instigate or condone his torture. See 8 C.F.R. §§ 208.16(c)(2),
208.18(a)(1); Zhang v. Gonzales, 432 F.3d 339, 344 (5th Cir.
2005).
The petition for review is DENIED.