United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT November 21, 2006
Charles R. Fulbruge III
Clerk
No. 05-61045
Summary Calendar
DANIEL KAZIBUTOWSKI,
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. A79 005 310
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Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Daniel Kazibutowski appeals the Board of Immigration
Appeals’ (BIA) order denying withholding of removal and relief
under the Convention Against Torture (CAT) and ordering him
removed to Venezuela. Kazibutowski challenges only the denial of
withholding of removal and has abandoned by failing to brief any
challenge to the denial of relief under the CAT. See Rodriguez
v. INS, 9 F.3d 408, 414 n.15 (5th Cir. 1993).
*
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this opinion should not be published and is not precedent except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. 05-61045
-2-
Kazibutowski argues that the BIA erred in determining that
he did not have a well-founded fear of persecution based on his
refusal to report for military service. Based upon our review of
the record, we conclude that the BIA’s determination is supported
by substantial evidence and is reasonable. See Ontunez-Tursios
v. Ashcroft, 303 F.3d 341, 350 (5th Cir. 2002). Kazibutowski has
not shown that the evidence compels a finding that he would face
persecution on a protected ground if returned to Venezuela. See
Girma v. INS, 283 F.3d 664, 667, 669 (5th Cir. 2002); see also
Jukic v. INS, 40 F.3d 747, 749 (5th Cir. 1994); Alonzo v. INS,
915 F.2d 546, 548 (9th Cir. 1990). Accordingly, the petition for
review is DENIED.