Li v. Ashcroft

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT September 2, 2003

Charles R. Fulbruge III Clerk No. 02-61132 Summary Calendar

ZIA ZHU LI

Petitioner

v.

JOHN ASHCROFT, US ATTORNEY GENERAL

Respondent

-------------------- Petition for Review of an Order of the Board of Immigration Appeals BIA No. A78 125 630 --------------------

Before KING, Chief Judge, and JOLLY and PRADO, Circuit Judges.

PER CURIAM:*

Zia Zhu Li petitions this court for review of the Board of

Immigration Appeals’ order dismissing his appeal from the denial

of his application for asylum. Li argues that the immigration

judge’s (“IJ”) finding that he is ineligible for asylum is not

supported by substantial evidence. Li contends that this court

should not defer to the IJ’s finding that he was not credible.

The IJ’s determination that Li was not credible is “a

reasonable interpretation of the record and therefore supported

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 02-61132 -2-

by substantial evidence.” See Chun v. INS, 40 F.3d 76, 79 (5th

Cir. 1994). “Without credible evidence, the BIA had no basis

upon which to grant asylum or withhold deportation.” Id. Li was

not denied due process based on any translation problems at his

asylum hearing. Li’s petition for review is DENIED.