Ngeleza 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that this opinion should not be published and is not precedent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
February 2, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-60020
Summary Calendar
KATUNGU NGELEZA,
Petitioner,
versus
JOHN ASHCROFT, U.S. ATTORNEY GENERAL,
Respondent.
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Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A75 352 600
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Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Katunga Ngeleza, a native and citizen of the Democratic
Republic of Congo, formerly Zaire, appeals the Board of
Immigration Appeals’ (“BIA”) order affirming the order
denying her application for asylum and withholding of removal.
She argues that the Immigration Judge (“IJ”) erred in determining
that filed a frivolous asylum application and lied under oath.
She further argues that the IJ violated her due process rights by

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No. 03-60020
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allowing an incompetent interpretation of the proceedings, over
her objection.
The IJ’s determination that Ngeleza filed a frivolous asylum
application and lied under oath is supported by substantial
evidence. See Moin v. Ashcroft, 335 F.3d 415, 418 (5th Cir.
2003). Ngeleza has not provided this court with compelling
evidence warranting reversal of the IJ’s determination. Id.
Ngeleza’s due process argument is without merit. Our review
of the record reveals that Ngeleza did not object to the
testimony at issue. Moreover, she cannot demonstrate that she
was substantially prejudiced by the interpretation. Anwar v.
INS, 116 F.3d 140, 144 (5th Cir. 1997). Accordingly, her
petition for review is DENIED.

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