Jarvis v. Ashcroft

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
December 18, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-61025
Summary Calendar
FEDERICO JARVIS,
Petitioner,
versus
JOHN ASHCROFT, U.S. ATTORNEY GENERAL,
Respondent.
--------------------
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A79-344-032
--------------------
Before HIGGINBOTHAM, DAVIS and PRADO, Circuit Judges.
PER CURIAM:*
Federico Jarvis, a native and citizen of Colombia, petitions
for review of a Board of Immigration Appeals (BIA) order denying
his application for asylum and withholding of deportation.
Jarvis argues that, because the BIA adopted the Immigration
Judge’s (IJ) decision without opinion, this court should not give
the BIA decision any deference. Jarvis’s argument for non-
deferential review is foreclosed; this court’s review of the

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No. 02-61025
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factual determinations of the BIA is for substantial evidence.
See Moin v. Ashcroft, 335 F.3d 415, 418 (5th Cir. 2003).
Jarvis also argues that he was a credible witness. This
court may not review the IJ’s credibility determination or the
decision to deny Jarvis asylum based upon such a determination.
Chun v. INS, 40 F.3d 76, 78 (5th Cir. 1994).
Jarvis also argues that he should have been granted asylum
because asylum is available to those, whose persecutors have some
pecuniary or other non-political agenda so long as he provides
some evidence that he has a well-founded fear that he will be
persecuted because of his political opinion. Substantial
evidence exists to support the IJ’s finding that Jarvis was not a
refugee and did not suffer persecution on any recognized ground.
See Efe v. Ashcroft, 293 F.3d 899, 903 (5th Cir. 2002); United
States v. Girma, 283 F.3d 664, 667 (5th Cir. 2002). The petition
for review is DENIED.

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