Wen Xing Chen v. Gonzales ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-2228
WEN XING CHEN,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A78-694-904)
Submitted: April 27, 2007 Decided: May 9, 2007
Before MICHAEL and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Wen Xing Chen, Petitioner Pro Se. M. Jocelyn Lopez Wright, Tracey
Wood, Kristin Kay Edison, UNITED STATES DEPARTMENT OF JUSTICE,
Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Wen Xing Chen, a native and citizen of China, petitions
for review of an order of the Board of Immigration Appeals adopting
and affirming the Immigration Judge’s denial of his applications
for asylum, withholding of removal, and protection under the
Convention Against Torture.
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 Chen fails to show that the evidence compels a
contrary result. Having failed to qualify for asylum, Chen cannot
meet the higher standard to qualify 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). In addition, we uphold
the finding that Chen failed to establish that it was more likely
than not that he would be tortured if removed to China. See 8
C.F.R. § 1208.16(c)(2) (2006).
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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