Professional Documents
Culture Documents
JUN 5 1997
PATRICK FISHER
Clerk
No. 96-9527
(No. A72 662 295)
(Petition for Review)
Respondent.
Before PORFILIO and LOGAN, Circuit Judges, and BURRAGE, District Judge. **
After examining the briefs and appellate record, this panel has determined
unanimously to grant the parties request for a decision on the briefs without oral
argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1.9. The case is therefore
ordered submitted without oral argument.
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
Honorable Michael Burrage, Chief Judge, United States District Court for
the Eastern District of Oklahoma, sitting by designation.
**
Petitioner seeks review of a final order of the INS denying his request for
asylum or withholding of deportation. 1 The Board of Immigration Appeals (BIA)
found he had not established the requisite well-founded fear of persecution on
account of race, religion, nationality, membership in a particular social group, or
political opinion, 8 U.S.C. 1101(a)(42)(A) (defining refugee status), and
denied relief accordingly, see Castaneda v. INS, 23 F.3d 1576, 1578 (10th Cir.
1994) (failure to satisfy definition of refugee precludes asylum and, a fortiori,
withholding of deportation). Mindful of the Supreme Courts admonition that
[t]o reverse the BIA finding we must find that the evidence not only supports [a
contrary] conclusion, but compels it, INS v. Elias-Zacarias, 502 U.S. 478, 481
n.1 (1992), we affirm.
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