Zheng v. Mukasey , 303 F. App'x 160 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1355
YAN ZHENG,
Petitioner,
v.
MICHAEL B. MUKASEY, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: December 8, 2008 Decided: December 18, 2008
Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Henry Zhang, ZHANG & ASSOCIATES, P.C., New York, New York, for
Petitioner. Gregory G. Katsas, Assistant Attorney General, M.
Jocelyn Lopez Wright, Assistant Director, Rebecca Hoffberg,
OFFICE OF IMMIGRATION LITIGATION, Washington, D.C., for
Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Yan Zheng, a native and citizen of China, petitions
for review of an order of the Board of Immigration Appeals
affirming the Immigration Judge’s denial of her applications for
relief from removal.
Zheng 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 conclude
that Zheng fails to show that the evidence compels a contrary
result. Having failed to qualify for asylum, Zheng 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). Finally, we uphold the finding below
that Zheng failed to demonstrate that it is more likely than not
that she would be tortured if removed to China. 8 C.F.R.
§ 1208.16(c)(2) (2008).
Accordingly, we deny the petition for review. We
dispense with oral argument because the facts and legal
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contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
PETITION DENIED
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