Biira 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that this opinion should not be published and is not precedent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
November 11, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-60967
Summary Calendar
ESTHER ALICE BIIRA,
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. A72-436-471
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Before REAVLEY, JONES and PRADO, Circuit Judges.
PER CURIAM:*
Esther Alice Biira (“Biira”) petitions for review of the
decision of the Board of Immigration Appeals affirming the
immigration judge’s decision that Biira, a native and citizen of
Uganda, is not eligible for political asylum, withholding of
removal, or protection under the Convention Against Torture. In
support of her petition, Biira has presented documents reflecting
that her sister and brother-in-law have been granted political

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No. 02-60967
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asylum by the United States. However, this evidence was not part
of the administrative record and may not be considered for the
first time in this appeal. See 8 U.S.C. § 1252(b)(4)(A); see
Goonsuwan v. Ashcroft, 252 F.3d 383, 390 n.15 (5th Cir. 2001)
(“It is a bedrock principle of judicial review that a court
reviewing an agency decision should not go outside of the
administrative record.”); Faddoul v. INS, 37 F.3d 185, 190 (5th
Cir. 1994) (proper venue for proffering new evidence is through a
motion to BIA reopen the case).
Substantial evidence supports the determination that Biira
is ineligible for asylum or withholding of deportation on account
of persecution, a well-founded fear of persecution, or a clear
probability of persecution. See Mikhael v. INS, 115 F.3d 299,
306 (5th Cir. 1997); Faddoul, 37 F.3d at 188. Substantial
evidence also supports the determination that Biira is ineligible
for relief under the Convention Against Torture because Biira did
not meet her burden of showing that it was more likely than not
that she would be tortured upon returning to Uganda. See Efe v.
Ashcroft, 293 F.3d 899, 907 (5th Cir. 2002).
DENIED.

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