Ayele vs. Ashcroft (5th Cir. 2001)

* Pursuant to 5 TH C IR . R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .

R. 47.5.4. UNITED STATES COURT OF APPEALS For the Fifth Circuit No. 01-60263 Summary Calendar Mesfin Ayele, Petitioner, VERSUS John Aschroft, U.S. Attorney General, Respondent.

Petition for Review of an Order of the Board of Immigration Appeals (A74-646-340) October 24, 2001 Before DeMOSS, PARKER, and DENNIS, Circuit Judges.

PER CURIAM: * Mesfin Ayele petitions for review of an order of the Board of Imm igration Appeals (§ 1105a with 8 U.S.C. § 1252. S ee Pub. L. No. 1 04-208, 110 Stat. 3009 (Sept. 30, 1996).

The new provision, however, does not apply to petitioners such as Ayele whose deportation proceedings commenced before April 1, 1997.

Instead, because a final order of deportation was entered against him after October 30, 1996, the IIRIRAÂ’s transitional rules apply.

See IIRIRA § 309(c)(1). We thus have jurisdiction under the old Section 1105a. that he will be persecuted if he returns to Ethiopia. He avers that the BIA§ 1105a. 1 We must uphold the BIA§ 1105a(a)(4)); accord Mikhael v. INS , 115 F.3d 299, 302 (5th Cir. 1999). That is, we may reverse the BIAÂ’s decision “only if the evidence presented by [Ayele] was such that a reasonable factfinder would have to conclude that the requisite fear of persecution existed.” Elias-Zacarias , 502 U.S. at 481 .

Having reviewed the record, we conclude that the evidence in this case would not compel a reasonable factfinder to find that A yele has a well-founded fear of persecution. We accordingly AFFIRM the BIAÂ’s decision to deny AyeleÂ’s application for asylum.