Yesuf v. Gonzales , 158 F. App'x 505 ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1551
JEMILA REDI YESUF,
Petitioner,
versus
ALBERTO R. GONZALES,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A79-342-169)
Submitted: November 16, 2005 Decided: December 29, 2005
Before MICHAEL, TRAXLER, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Aragaw Mehari, Washington, D.C., for Petitioner. Paul J. McNulty,
United States Attorney, Richard W. Sponseller, Assistant United
States Attorney, Alexandria, Virginia, for Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jemila Redi Yesuf, a native and citizen of Ethiopia,
petitions for review of an order of the Board of Immigration
Appeals affirming without opinion the Immigration Judge’s (IJ)
denial of her 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 Yesuf fails to show that the evidence compels a
contrary result. Having failed to qualify for asylum, Yesuf 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).
We also uphold the IJ’s finding Yesuf failed to establish
eligibility for protection under the Convention Against Torture.
See 8 C.F.R. § 1208.16(c)(2) (2005). 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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