Alekawa v. Mukasey , 256 F. App'x 615 ( 2007 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 07-1338
    BIYAO ALEKAWA,
    Petitioner,
    versus
    MICHAEL B. MUKASEY, Attorney General,
    Respondent.
    On Petition for Review of an Order of the Board of Immigration
    Appeals. (A98-678-754)
    Submitted:   November 21, 2007            Decided:   December 4, 2007
    Before NIEMEYER, MOTZ, and KING, Circuit Judges.
    Petition denied by unpublished per curiam opinion.
    Peter T. Ndikum, Silver Spring, Maryland, for Petitioner. Peter D.
    Keisler, Assistant Attorney General, Shelley R. Goad, Senior
    Litigation Counsel, Debora Gerads, Trial Attorney, Washington,
    D.C., for Respondent.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Biyao Alekawa, a native and citizen of Togo, petitions
    for review of an order of the Board of Immigration Appeals adopting
    and affirming the immigration judge’s decision denying his requests
    for asylum, withholding of removal, and protection under the
    Convention Against Torture.
    Alekawa first challenges the determination that he failed
    to establish his eligibility for asylum.    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 Alekawa fails to
    show that the evidence compels a contrary result.   Accordingly, we
    cannot grant the relief that he seeks.
    Additionally, we uphold the denial of Alekawa’s request
    for withholding of removal.      “Because the burden of proof for
    withholding of removal is higher than for asylum--even though the
    facts that must be proved are the same--an applicant who is
    ineligible for asylum is necessarily ineligible for withholding of
    removal under [8 U.S.C.] § 1231(b)(3).”     Camara v. Ashcroft, 
    378 F.3d 361
    , 367 (4th Cir. 2004).    Because Alekawa fails to show that
    he is eligible for asylum, he cannot meet the higher standard for
    withholding of removal.
    - 2 -
    We also find that substantial evidence supports the
    finding that Alekawa fails to meet the standard for relief under
    the   Convention   Against    Torture.           To   obtain   such    relief,   an
    applicant must establish that “it is more likely than not that he
    or she would be tortured if removed to the proposed country of
    removal.”    8 C.F.R. § 1208.16(c)(2) (2007).             We find that Alekawa
    failed to make the requisite showing before the immigration court.
    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
    - 3 -
    

Document Info

Docket Number: 07-1338

Citation Numbers: 256 F. App'x 615

Judges: Niemeyer, Motz, King

Filed Date: 12/4/2007

Precedential Status: Non-Precedential

Modified Date: 11/5/2024