Amir 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that this opinion should not be published and is not precedent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
January 29, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-60434
Summary Calendar
MOHAMMED AMIR,
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. A78 171 484
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Before HIGGINBOTHAM, DAVIS and PRADO, Circuit Judges.
PER CURIAM:*
Mohammed Amir has filed a petition for review of the Board
of Immigration Appeals’s (BIA) summary decision denying his
appeal from the Immigration Judge’s (IJ) order denying his
application for asylum and withholding of removal. Amir’s
argument to this court turns principally upon two claims: that
the IJ incorrectly determined that Amir’s testimony was not
credible and that he was previously subjected to persecution on

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No. 03-60434
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account of his political affiliation. However, the record does
not compel a finding that Amir’s testimony was credible. See
Lopez De Jesus v. INS, 312 F.3d 155, 161 (5th Cir. 2002).
Further, despite Amir’s claim that his captors had mixed motives
for torturing him, the record does not compel a finding that his
political beliefs were a cause of the torture. See Girma v. INS,
283 F.3d 664, 667-68 (5th Cir. 2002).
PETITION DENIED.

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