Tadesse v. U.S. Immigration & Naturalization Service ( 2001 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-1853
BROUKTAWIT TADESSE,
Petitioner,
versus
U.S. IMMIGRATION & NATURALIZATION SERVICE,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A71-795-133)
Submitted: November 20, 2001 Decided: November 30, 2001
Before WIDENER, LUTTIG, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Lynda V. Rice, CAROLYN C. EAGLIN & ASSOCIATES, Alexandria, Vir-
ginia, for Petitioner. Robert D. McCallum, Jr., Assistant Attorney
General, Allen W. Hausman, Senior Litigation Counsel, A. Ashley
Tabador, Office of Immigration Litigation, Civil Division, UNITED
STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Brouktawit Tadesse, a native and citizen of Ethiopia, peti-
tions for review of an order of the Board of Immigration Appeals
(Board) adopting the decision of the Immigration Judge (IJ) and
denying her application for asylum and withholding of deportation.
We have reviewed the administrative record and find that substan-
tial evidence supports the Board’s and IJ’s conclusion Tadesse
failed to show that she suffered persecution or establish a well-
founded fear of persecution necessary to qualify for relief from
deportation. 8 U.S.C.A. § 1105a(a)(4) (1994);* 8 C.F.R. §
208.13(b)(2)(i) (2001); Fatin v. INS, 12 F.3d 1233, 1240, 1243 (3d
Cir. 1993); Huaman-Cornelio v. Board of Immigration Appeals, 979
F.2d 995, 999 (4th Cir. 1992); M.A. v. INS, 899 F.2d 304, 307, 313
& n.6 (4th Cir. 1990) (en banc).
Accordingly, we affirm the Board’s order. We dispense with
oral argument because the facts and legal contentions are adequate-
ly presented in the materials before the court and argument would
not aid the decisional process.
AFFIRMED
*
We note that 8 U.S.C.A. § 1105a(a)(4) was repealed by the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(IIRIRA) effective April 1, 1997. Because this case was in transi-
tion at the time the IIRIRA was passed, 8 U.S.C. § 1105a(a)(4) is
still applicable here under the terms of the transitional rules
contained in § 309(c) of the IIRIRA.
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