Daudin v. Gonzales

* 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this opinion should not be published and is not precedent except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
March 22, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-60195
Summary Calendar
YRIEL DAUDIN, also known as Iriel Daudin, also known as Daudin
Iriel,
Petitioner,
versus
ALBERTO R. GONZALES, U.S. Attorney General,
Respondent.
--------------------
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A79 130 900
--------------------
Before SMITH, WIENER, and OWEN, Circuit Judges.
PER CURIAM:*
Yriel Daudin, a native and citizen of Haiti, petitions this
court for review of the decision of the Board of Immigration
Appeals (BIA) denying him the withholding of removal and relief
under the Convention Against Torture (CAT). Daudin’s argument
that he was denied relief based on erroneous adverse credibility
determinations is without merit because the BIA specifically
declined to make an adverse credibility finding. With respect to
his assertion of past persecution based on an imputed political

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No. 06-60195
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opinion, Daudin’s claim of derivative persecution failed because
Daudin failed to set forth any evidence that his mother’s
political opinion would be imputed to him. See, e.g., Roy v.
Ashcroft, 389 F.3d 132, 138-39 (5th Cir. 2004). The immigration
judge thus did not err by requiring Daudin to show a clear
probability of future persecution on account of one of the
protected grounds. Id. Because Daudin failed to make such a
showing, the immigration judge did not err by subsequently
apportioning to Daudin the burden of proof in establishing that a
change in the conditions in Haiti made him unable to return to
that country. Finally, the immigration judge did not err in
evaluating Daudin’s request for relief under the CAT. See Efe v.
Ashcroft, 293 F.3d 899, 906-07 (5th Cir. 2002).
PETITION DENIED.

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