Matovu v. U.S. Immigration & Naturalization Service , 53 F. App'x 699 ( 2003 )


Menu:
  •                          UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    LENE NABATEESA MATOVU,                  
    Petitioner,
    v.
    U.S. IMMIGRATION & NATURALIZATION               No. 02-1495
    SERVICE; JOHN ASHCROFT, Attorney
    General,
    Respondents.
    
    On Petition for Review of an Order
    of the Board of Immigration Appeals.
    (A76-919-392)
    Submitted: November 7, 2002
    Decided: January 6, 2003
    Before MICHAEL, MOTZ, and KING, Circuit Judges.
    Petition denied by unpublished per curiam opinion.
    COUNSEL
    Bokwe G. Mofor, IMMIGRATION ASSISTANCE CENTER, INC.,
    Silver Spring, Maryland, for Petitioner. Robert D. McCallum, Jr.,
    Assistant Attorney General, John C. Cunningham, Senior Litigation
    Counsel, John S. Hogan, Office of Immigration Litigation, Civil Divi-
    sion, UNITED STATES DEPARTMENT OF JUSTICE, Washington,
    D.C., for Respondents.
    2                           MATOVU v. INS
    Unpublished opinions are not binding precedent in this circuit. See
    Local Rule 36(c).
    OPINION
    PER CURIAM:
    Lene N. Matovu, a native and citizen of Uganda, petitions for
    review of an order of the Board of Immigration Appeals (Board)
    denying her application for asylum and withholding of deportation.
    The Board, adopting the opinion of the immigration judge (IJ), con-
    cluded that Matovu failed to present credible evidence to show a well-
    founded fear of persecution on account of a protected ground that
    would make her eligible for asylum relief. See 
    8 U.S.C. § 1158
    (2000); 
    8 U.S.C. § 1101
    (a)(42)(A) (2000).
    The Board’s decision to grant or deny asylum relief is conclusive
    unless manifestly contrary to the law and an abuse of discretion. 
    8 U.S.C. § 1252
    (b)(4)(D) (2000). Credibility findings are reviewed for
    substantial evidence. We accord great weight to credibility determina-
    tions by the IJ and the Board if they are supported by specific, cogent
    reasons. Figeroa v. INS, 
    886 F.2d 76
    , 78 (4th Cir. 1989). We will
    reverse the Board only if the evidence "‘was so compelling that no
    reasonable fact finder could fail to find the requisite fear of persecu-
    tion.’" Rusu v. INS, 
    296 F.3d 316
    , 325 n.14 (4th Cir. 2002), quoting
    INS v. Elias-Zacarias, 
    502 U.S. 478
    , 483-84 (1992).
    Here, the IJ articulated a number of points on which he questioned
    Matovu’s credibility. We find these to be specifically and cogently
    stated. As the evidence in this case does not compel a finding of fear
    of persecution, we uphold the decision of the IJ as adopted by the
    Board.
    The standard for receiving withholding of deportation is "more
    stringent than that for asylum eligibility." Chen v. INS, 
    195 F.3d 198
    ,
    205 (4th Cir. 1999). An applicant for withholding must demonstrate
    a clear probability of persecution. INS v. Cardoza-Fonseca, 
    480 U.S. 421
    , 430 (1987). As Matovu has failed to establish refugee status, she
    cannot satisfy the higher standard for withholding of deportation.
    MATOVU v. INS                            3
    We deny Matovu’s petition for review. We dispense with oral
    argument because the facts and legal contentions are adequately pre-
    sented in the material before the court and argument would not aid the
    decisional process.
    PETITION DENIED