*

Pursuant to the 5TH CIR. R. 47.5, the court has determined that this

opinion should not be published and is not precedent except under limited

circumstances set forth in 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

March 27, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-60035

Summary Calendar

ALIREZA ASSADI; MEHRNOOSH SABETI SANAT,

Petitioners,

versus

ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL, 

Respondent.

Petition for Review of an Order of the 

Board of Immigration Appeals

BIA Nos. A95-607-024 & A95-607-025 

Before HIGGINBOTHAM, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Alireza Assadi and his wife, Mehrnoosh Sabeti Sanat, both

citizens of Iran proceeding pro se, petition for review of the

order of the Board of Immigration Appeals (BIA) denying their

requests for withholding of removal and relief under the Convention

Against Torture (CAT). They argue that the physical mistreatment

Assadi received during his 1986 and 1997 incarcerations in Iran

following his engagement in anti-government demonstrations
1

The BIA dismissed in part and sustained in part, stating: “...we find

that the factual findings of the Immigration Judge are not clearly erroneous,

and, in conjunction with our observations, we adopt and affirm the immigration

Judge’s decision.” Reversing the IJ, the BIA granted petitioner’s request for

voluntary departure. 

2

Chun v. INS, 40 F.3d 76, 78 (5th Cir. 1994); Efe v. Ashcroft, 293 F.3d

899, 906 (5th Cir. 2002); Ontunez-Tursios v. Ashcroft, 303 F.3d 341, 353 (5th

Cir. 2002).

3

Chun, 40 F.3d at 78; 8 U.S.C. § 1252(b)(4)(B) (stating that “findings

of fact are conclusive unless any reasonable adjudicator would be compelled to

conclude to the contrary...”).

4

Zhang v. Gonzales, 432 F.3d 339, 344 (5th Cir. 2005) (citing 8 C.F.R.

§ 208.16(b) (noting that an alien must show that “his life or freedom would be

threatened in the proposed country or removal on account of race, religion

nationality, membership in a particular social group, or political opinion”)).

5

8 C.F.R. § 208.16(b)(1)(i). 

2

constitute past persecution based on his political opinion and

torture sufficient to render them eligible for the requested

relief. To the extent that the BIA adopted the findings and

opinion of the immigration judge (IJ),1we review the IJ and BIA’s

decision to determine whether substantial evidence supports the

rulings.2Under the substantial evidence standard of review, we

may not reverse a factual determination unless we find that the

evidence compels a contrary conclusion.3

Withholding of removal requires the petitioner to demonstrate

a “clear probability” of persecution if repatriated.4If Assadi

establishes that he suffered past persecution on account of a

protected ground, it is presumed that his life or freedom would be

threatened in the future.5Additionally Assadi need not provide

evidence that he would be singled out individually for future
6

Id. at (b)(2)(ii).

7

The IJ credited Assadi’s testimony. He was detained for 45 and 40 days

during which time he was denied counsel, beaten, denied water, struck with an

electric baton, and one of his fingers was broken. He was released from the

second term of imprisonment only after singing a statement in which he agreed not

to participate in any more demonstrations and to pay a $13,000 fine.

8

Assadi argues that his Uncle’s death and that of his “mates”

demonstrates a probability of persecution, but he does not establish the cause

of death or any connection between his political views and that of his uncle.

Moreover, petitioners children and Assadi’s parents live in Iran; no evidence

suggests that they have been persecuted.

3

persecution if he demonstrates both a pattern or practice of

persecution of a similarly situated class of people in Iran and his

inclusion in that group.6

The petitioners challenge as unsupported by the evidence the

BIA’s determination that Assadi did not need medical treatment upon

his release from prison and, therefore, that his physical

mistreatment while incarcerated did not rise to the level of past

persecution.7We hold that the BIA could reasonablely draw the

inference from the testimony of both Assadi and Sanat that Assadi

did not seek medical care because he did not need such treatment.

Moreover, the petitioners’ argument that the Iranian government

engages in a pattern or practice of persecution against persons

similarly situated to Assadi is conclusory, devoid of reference to

specific evidence in the record.8

Assadi lived in Iran for the ten years in between his two

terms of imprisonment, both the consequence of a mass arrest. He
9

Efe, 293 F.3d at 906.

10 Ontunez-Tursios, 303 F.3d at 353 (citing 8 C.F.R. § 208.16(c)(2)).

4

had no affiliation with the second protest, in which he

participated on impulse. He maintained employment and exercised

his freedom to travel outside of the country. The BIA’s

determination is supported by substantial evidence and the

petitioners, therefore, have not established that the evidence

compels a conclusion of eligibility for withholding of removal.

Similarly, the evidence does not compel a conclusion that

Assadi is entitled to relief under the CAT. Claims based on CAT

differ from those for withholding of removal because the

mistreatment need not involve one of the five impermissible

categories and since proof of torture, rather than persecution, is

required.9In order to obtain relief, a petitioner must show that

it is “more likely than not” that he would be tortured if removed.10

Assuming that the physical abuse he suffered rises to the level of

torture, Assadi was incarcerated only as a result of his

participation in two isolated acts of civil disobedience and

otherwise lived without incident in the ten-year interim.

Substantial evidence supports the BIA’s decision, and we,

therefore, are not compelled to find that it is more likely than

not that Assadi would be tortured if removed.

PETITION FOR REVIEW DENIED.