Jia Xiu Lin v. Holder , 359 F. App'x 375 ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1450
JIA XIU LIN,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: December 16, 2009 Decided: December 30, 2009
Before KING, GREGORY, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Gary J. Yerman, New York, New York, for Petitioner. Tony West,
Assistant Attorney General, John S. Hogan, Senior Litigation
Counsel, Todd J. Cochran, Office of Immigration Litigation,
UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for
Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jia Xiu Lin, a native and citizen of the People’s
Republic of China, petitions for review of an order of the Board
of Immigration Appeals dismissing his appeal from the
immigration judge’s denial of his requests for asylum,
withholding of removal, and protection under the Convention
Against Torture.
Lin first challenges the determination that he failed
to establish his eligibility for asylum. To obtain reversal of
a determination denying eligibility for relief, an alien “must
show that the evidence he presented was so compelling that no
reasonable factfinder could fail to find the requisite fear of
persecution.” INS v. Elias-Zacarias, 502 U.S. 478, 483-84
(1992). We have reviewed the evidence of record and conclude
that Lin fails to show that the evidence compels a contrary
result. We therefore find that substantial evidence supports
the denial of relief.
Additionally, we uphold the denial of Lin’s request
for withholding of removal. “Because the burden of proof for
withholding of removal is higher than for asylum--even though
the facts that must be proved are the same--an applicant who is
ineligible for asylum is necessarily ineligible for withholding
of removal under [8 U.S.C.] § 1231(b)(3).” Camara v. Ashcroft,
378 F.3d 361, 367 (4th Cir. 2004). Because Lin failed to show
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that he is eligible for asylum, he cannot meet the higher
standard for withholding of removal.
Finally, we find that substantial evidence supports
the finding that Lin failed to meet the standard for relief
under the Convention Against Torture. To obtain such relief, an
applicant must establish that “it is more likely than not that
he or she would be tortured if removed to the proposed country
of removal.” 8 C.F.R. § 1208.16(c)(2) (2009). We find that Lin
failed to make the requisite showing before the immigration
court.
Accordingly, we deny the petition for review. We
dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
PETITION DENIED
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