Yanto v. Ashcroft

03-61003Court of Appeals for the Fifth Circuit10 nov 2004

Testo completo

* 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this opinion should not be published and is not precedent except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 9, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-61003
Summary Calendar
ALI YANTO,
Petitioner,
versus
JOHN ASHCROFT, U.S. ATTORNEY GENERAL,
Respondent.
--------------------
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A78 579 526
--------------------
Before JONES, BARKSDALE and PRADO, Circuit Judges.
PER CURIAM:*
The petition for review of the Board of Immigration Appeals
(BIA) order denying asylum and the withholding of deportation by
Ali Yanto is DENIED. This court gives great deference to an
immigration judge’s (IJ’s) decision concerning an alien’s
credibility, and such determination may not be overturned unless
the record compels it. Lopez De Jesus v. I.N.S., 312 F.3d 155,
161 (5th Cir. 2002); Efe v. Ashcroft, 293 F.3d 899, 903 (5th Cir.
2002); 8 U.S.C. § 1252(b)(4)(B). Accordingly, a credibility
determination will be upheld if it is based upon a reasonable

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interpretation of the record and supported by substantial
evidence. Chun v. I.N.S., 40 F.3d 76, 78-79 (5th Cir. 1994).
The finding that Yanto was not credible is based on a
reasonable interpretation of the record and is supported by
substantial evidence. Chun, 40 F.3d at 78-79. Yanto’s assertion
that the IJ and the BIA failed to address certain “issues” raised
by him is without merit. The BIA “does not have to write an
exegesis on every contention [made by a petitioner]. What is
required is merely that it consider the issues raised, and
announce its decision in terms sufficient to enable a reviewing
court to perceive that it has heard and thought and not merely
reacted.” Efe, 293 F.3d at 907 (internal quotation marks and
citation omitted).
PETITION DENIED.

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