United States Fifth Circuit

A petition for review of a denial of Chinese petitioner's application for asylum and related relief is denied where: 1) denial of the application for asylum was supported by substantial evidence; 2) the withholding claim necessarily failed as well, as the evidence did not compel a conclusion that her fear of persecution on the basis of religion was well-founded under the lower objective standard for asylum; 3) her evidence did not compel a finding that she would more likely than not be subjected to torture for leaving China illegally; and 4) an IJ's conclusion that she was not likely to be subjected to torture at the hands of snakeheads and money lenders was supported by substantial evidence.

Appellate Information

• Decided 11/22/2006
• Published 11/22/2006

Judges

• KING, Circuit Judge:, Before KING, GARWOOD and JOLLY, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• H. Raymond Fasano (argued), Madeo & Fasano, New York City, for Chen.


• For Appellees:
  
• Jimmy L. Croom (argued), Jackson, TN, Thomas Ward Hussey, Dir., U.S. Dept. of Justice, OIL, Washington, DC, Anne M. Estrada, U.S. INS, Dallas, TX, Caryl G. Thompson, U.S. INS, Attn: Joe A. Aguilar, New Orleans, LA, for Respondent.