Djomasi v. Gonzales ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1711
NARCISSE DJOMASI,
Petitioner,
versus
ALBERTO R. GONZALES,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A97-196-028)
Submitted: January 10, 2007 Decided: February 2, 2007
Before WILLIAMS, GREGORY, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Sopo Ngwa, Silver Spring, Maryland, for Petitioner. Peter D.
Keisler, Assistant Attorney General, M. Jocelyn Lopez Wright,
Assistant Director, Melvin Lublinski, Office of Immigration
Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.,
for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Narcisse Djomasi, a native and citizen of Cameroon,
petitions for review of the Board of Immigration Appeals’ (“Board”)
order affirming without opinion the immigration judge’s order
denying his applications for asylum, withholding of removal and
withholding under the Convention Against Torture (“CAT”). Djomasi
claims the evidence supports his application for asylum and the
immigration judge imposed upon him a higher burden of proof.* We
deny the petition for review.
The Immigration and Naturalization Act (INA) authorizes
the Attorney General to confer asylum on any refugee. 8 U.S.C.
§ 1158(a) (2000). The INA defines a refugee as a person unwilling
or unable to return to his native country “because of persecution
or a well-founded fear of persecution on account of race, religion,
nationality, membership in a particular social group, or political
opinion.” 8 U.S.C. § 1101(a)(42)(A) (2000). An applicant can
establish refugee status based on past persecution in his native
country on account of a protected ground. 8 C.F.R. § 1208.13(b)(1)
(2006). Without regard to past persecution, an alien can establish
a well-founded fear of persecution on a protected ground.
Ngarurih v. Ashcroft, 371 F.3d 182, 187 (4th Cir. 2004).
*
Djomasi does not challenge the denial of withholding under
the CAT.
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An applicant has the burden of demonstrating his
eligibility for asylum. 8 C.F.R. § 1208.13(a) (2006); Gandziami-
Mickhou v. Gonzales, 445 F.3d 351, 353 (4th Cir. 2006). A
determination regarding eligibility for asylum is affirmed if
supported by substantial evidence on the record considered as a
whole. INS v. Elias-Zacarias, 502 U.S. 478, 481 (1992). This
court will reverse the Board “only if the evidence presented was so
compelling that no reasonable factfinder could fail to find the
requisite fear of persecution.” Rusu v. INS, 296 F.3d 316, 325
n.14 (4th Cir. 2002) (internal quotation marks and citations
omitted).
We find the immigration judge’s adverse credibility
finding to be supported by the record. Therefore, the evidence
does not compel a different result. 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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