Fu Jing Wang v. Ashcroft , 117 F. App'x 862 ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1457
FU JING WANG,
Petitioner,
versus
JOHN ASHCROFT, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A77-353-602)
Submitted: November 8, 2004 Decided: December 7, 2004
Before WILKINSON, KING, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Thomas V. Massucci, New York, New York, for Petitioner. Peter D.
Keisler, Assistant Attorney General, M. Jocelyn Lopez Wright,
Assistant Director, Eric W. Marsteller, Office of Immigration
Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.,
for Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Fu Jing Wang, a native and citizen of the People’s
Republic of China, petitions for review of the Board of Immigration
Appeals’ (“Board”) order affirming the immigration judge’s decision
denying asylum, withholding of removal and withholding under the
Convention Against Torture. For the reasons discussed below, we
deny the petition for review.
The decision to grant or deny asylum relief is conclusive
“unless manifestly contrary to the law and an abuse of discretion.”
8 U.S.C. § 1252(b)(4)(D) (2000). We have reviewed the immigration
judge’s decision and the administrative record and find the record
supports the conclusion that Wang failed to establish past
persecution or a well founded fear of persecution. See 8 C.F.R.
§ 1208.13(a) (2004) (stating that the burden of proof is on the
alien to establish his eligibility for asylum); INS v.
Elias-Zacarias, 502 U.S. 478, 483 (1992). Because the decision in
this case is not manifestly contrary to law, we cannot grant the
relief Wang seeks.*
Accordingly, we deny the petition for review. We
dispense with oral argument because the facts and legal contentions
*
Wang abandoned her challenge to the Board’s denial of her
applications for withholding of removal and withholding under the
Convention Against Torture.
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are adequately presented in the materials before the court and
argument would not aid the decisional process.
PETITION DENIED
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