Udaya v. INS

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_______________________

No. 95-60463 Summary Calendar _______________________

JAYA SUNDARA UDAYA,

Petitioner,

versus

IMMIGRATION AND NATURALIZATION SERVICE,

Respondent.

_________________________________________________________________

Petition for Review of an Order of the Board of Immigration Appeals (A70-629-603) _________________________________________________________________ April 17, 1996

Before JOLLY, JONES, and STEWART, Circuit Judges.

PER CURIAM:*

Jaya Sundara Udaya petitions this court to review the

decision of the Board of Immigration Appeals (BIA) denying his

applications for asylum and withholding of deportation. Jaya

Sundara Udaya contends that he established a well-founded fear of

persecution based on his political opinion and his membership in a

particular social group, consisting of people who have attempted to

foreswear membership in the terrorist JVP party. We have reviewed

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. the record, the BIA’s decision, the briefs and determine that the

evidence does not compel reversal of the BIA’s determination. Chun

v. INS, 40 F.3d 76, 78 (5th Cir. 1994). There is no evidence that

Udaya made his political opinions known to the JVP or that JVP

attempted to persecute him because of his opinion. Gomez-Mejia v.

INS, 56 F.3d 700, 701 (5th Cir. 1995). Further, there is no

evidence that those members who have left the JVP have been

persecuted because of the factors identified in the statute, as

opposed to their breaking the JVP’s rules.

Petition DENIED.

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