Kayibanda v. Mukasey

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1159
DIANA KAYIBANDA,
Petitioner,
v.
MICHAEL B. MUKASEY, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: September 2, 2008 Decided: September 11, 2008
Before WILKINSON and MOTZ, Circuit Judges, and WILKINS, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Peter Nyoh, PETER NYOH AND ASSOCIATES, Silver Spring, Maryland, for
Petitioner. Gregory G. Katsas, Acting Assistant Attorney General,
Ernesto H. Molina, Jr., Senior Litigation Counsel, Lauren E.
Fascett, OFFICE OF IMMIGRATION LITIGATION, Washington, D.C., for
Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Diana Kayibanda, a native of Uganda and a citizen of
Rwanda, petitions for review of an order of the Board of
Immigration Appeals affirming the Immigration Judge’s denial of her
applications for relief from removal.
Kayibanda first challenges the determination that she
failed to establish 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 Kayibanda fails
to show that the evidence compels a contrary result. Having failed
to qualify for asylum, Kayibanda cannot meet the more stringent
standard 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).
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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