Maran v. Ashcroft , 83 F. App'x 504 ( 2003 )


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  •                            UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    PRI HTAM MARAN,                            
    Petitioner,
    v.
            No. 03-1445
    JOHN ASHCROFT, U.S. Attorney
    General,
    Respondent.
    
    On Petition for Review of an Order
    of the Board of Immigration Appeals.
    (A75-318-165)
    Submitted: November 17, 2003
    Decided: December 11, 2003
    Before WIDENER, MICHAEL, and TRAXLER, Circuit Judges.
    Petition denied by unpublished per curiam opinion.
    COUNSEL
    Twinckle K. Vaidya, Richard S. Bromberg, Washington, D.C., for
    Petitioner. Peter D. Keisler, Assistant Attorney General, Terri J. Sca-
    dron, Assistant Director, Joshua E. Braunstein, Office of Immigration
    Litigation, Civil Division, UNITED STATES DEPARTMENT OF
    JUSTICE, Washington, D.C., for Respondent.
    2                         MARAN v. ASHCROFT
    Unpublished opinions are not binding precedent in this circuit. See
    Local Rule 36(c).
    OPINION
    PER CURIAM:
    Pri Htam Maran, a native and citizen of Burma, petitions for
    review of an order of the Board of Immigration Appeals (Board)
    affirming without opinion the decision of the immigration judge (IJ)
    denying her application for asylum, withholding of removal, and
    relief under the Convention Against Torture. The Board adopted the
    decision of the IJ that Maran failed to present credible evidence estab-
    lishing past persecution or a well-founded fear of future persecution
    on account of a protected ground. See 
    8 U.S.C.A. § 1158
     (West 1999
    & Supp. 2003); 
    8 U.S.C. § 1101
    (a)(42)(A) (2000). We have reviewed
    the administrative record and the IJ’s decision, and find that substan-
    tial evidence supports the IJ’s ruling that Maran failed to establish her
    refugee status. The IJ’s credibility determinations are supported by
    specific, cogent reasoning, and therefore are entitled to substantial
    deference. Figeroa v. INS, 
    886 F.2d 76
    , 78 (4th Cir. 1989).
    We conclude as well that Maran is not entitled to withholding of
    removal under 
    8 U.S.C. § 1231
    (b)(3) (2000), or under the U.N. Con-
    vention Against Torture. The IJ did not err in finding that Maran
    failed to show a "clear probability of persecution." See Rusu v. INS,
    
    296 F.3d 316
    , 324 n.13 (4th Cir. 2002) ("To qualify for withholding
    of removal, a petitioner must show that he faces a clear probability
    of persecution because of his race, religion, nationality, membership
    in a particular social group, or political opinion."). Nor did Maran
    establish that it is "more likely than not" that she would face torture
    if she returned to Indonesia. 
    8 C.F.R. § 1208.16
    (c)(2) (2003) (to qual-
    ify for protection under the Convention Against Torture, an alien
    must show "it is more likely than not that he or she would be tortured
    if removed to the proposed country of removal").
    We deny the petition for review. We dispense with oral argument
    because the facts and legal contentions are adequately presented in the
    MARAN v. ASHCROFT                         3
    materials before the court and argument would not aid the decisional
    process.
    PETITION DENIED
    

Document Info

Docket Number: 03-1445

Citation Numbers: 83 F. App'x 504

Judges: Widener, Michael, Traxler

Filed Date: 12/11/2003

Precedential Status: Non-Precedential

Modified Date: 11/6/2024