Hossain v. INS

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 29, 2003
• Docket: 02-60139
• Status: Unpublished

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS April 28, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk

No. 02-60139 Summary Calendar

SYED ABUL HOSSAIN, SHAHANAZ KAZAL BEGUM

Petitioners

v.

IMMIGRATION AND NATURALIZATION SERVICE

Respondent

-------------------- Petition for Review of an Order of the Board of Immigration Appeals BIA Nos. A73 646 990 & A73 646 991 --------------------

Before KING, Chief Judge, and BARKSDALE and STEWART, Circuit Judges.

PER CURIAM:*

Syed Hossain and his wife, Shahanaz Begum,** petition for

review of an order of the Board of Immigration Appeals (BIA)

denying their motion to reopen based on changed circumstances.

Hossain contends that because the October 1991 elections returned

the Bangladesh National Party (BNP) to power the BIA should have

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. ** Because Begum’s claim is derivative of Hossain’s, we shall refer to the petitioners as Hossain. No. 02-60139 -2-

reopened the proceedings in which his application for asylum and

withholding of deportation was denied. Hossain’s asylum claim

asserted that he had been persecuted by BNP members due to his

membership in the Jatiyo Party. He argues that in affirming the

denial of his original application the BIA relied solely on the

prior change in circumstances in Bangladesh during which the

Awami Party gained control. He asserts that the BIA erred by

requiring him to conclusively establish his eligibility for

asylum.

We hold that it was not improper for the BIA to weigh the

evidence submitted by Hossain in support of his motion to reopen

and that it did not abuse its discretion by denying that motion.

See De Morales v. INS, 116 F.3d 145, 147 (5th Cir. 1997); Faddah

v. INS, 553 F.2d 491, 494-95 (5th Cir. 1977). Accordingly, the

petition for review is DENIED.