Hui Chen v. Eric Holder, Jr. ( 2012 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-1010
HUI CHEN,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: December 21, 2011 Decided: January 13, 2012
Before WILKINSON, MOTZ, and AGEE, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Gregory Marotta, LAW OFFICE OF RICHARD TARZIA, Belle Mead, New
Jersey, for Petitioner. Tony West, Assistant Attorney General,
John S. Hogan, Senior Litigation Counsel, Ashley Y. Martin,
UNITED STATES DEPARTMENT OF JUSTICE, Office of Immigration
Litigation, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Hui Chen, a native and citizen of China, petitions for
review of an order of the Board of Immigration Appeals (Board)
vacating the Immigration Judge’s grant of her application for
asylum, and ordering her removed from the United States.
Chen first challenges the determination that she
failed to establish 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 find that
the Board applied the proper standard of review, and that Chen
fails to show that the evidence compels the conclusion that she
qualified for asylum. Having failed to qualify for asylum, Chen
cannot meet the more stringent standard for withholding of
removal. Chen v. INS, 195 F.3d 198, 205 (4th Cir. 1999); INS v.
Cardoza-Fonseca, 480 U.S. 421, 430 (1987).
We accordingly 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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