Yawa v. Gonzales , 193 F. App'x 186 ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-2316
MENSAH YAWA,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A96-087-096)
Submitted: June 30, 2006 Decided: August 1, 2006
Before WILKINSON, NIEMEYER, and WILLIAMS, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Bokwe G. Mofor, Silver Spring, Maryland, for Petitioner. Chuck
Rosenberg, United States Attorney, Lawrence R. Leonard, Managing
Assistant United States Attorney, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Mensah Yawa, 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 denial of her requests for
asylum, withholding of removal, and protection under the Convention
Against Torture.
In her petition for review, Yawa challenges the
determination that she failed to establish her eligibility for
asylum. To obtain reversal of a determination denying eligibility
for relief, an alien “must show that the evidence [s]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 Yawa fails to show that the evidence compels a
contrary result. Accordingly, we cannot grant the relief that she
seeks.
Additionally, we uphold the denial of Yawa’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 Yawa fails to show that she
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is eligible for asylum, she cannot meet the higher standard for
withholding of removal.
We also find that substantial evidence supports the
finding that Yawa failed 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) (2006). We find that Yawa 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
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