Giwa v. Ashcroft

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-1637
ADEPEJU SHERIFA GIWA,
Petitioner,
versus
JOHN ASHCROFT, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A75-367-398)
Submitted: April 9, 2003 Decided: August 6, 2003
Before WIDENER, LUTTIG, and MOTZ, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Irena Izabella Karpinski, LAW OFFICES OF IRENA KARPINSKI,
Washington, D.C., for Petitioner. Robert D. McCallum, Jr.,
Assistant Attorney General, Civil Division, Allen W. Hausman, Aviva
L. Poczter, Office of Immigration Litigation, UNITED STATES
DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Adepeju Sherifa Giwa, a native and citizen of Nigeria, seeks
review of a decision of the Board of Immigration Appeals (“Board”)
affirming the immigration judge’s (“IJ”) denial of her applications
for asylum and withholding of deportation. We have reviewed the
administrative record, the Board’s order and the IJ’s decision and
find substantial evidence supports the Board’s affirmance of the
IJ’s conclusion that Giwa failed to establish a well-founded fear
of persecution necessary to qualify for asylum. See 8 C.F.R. §
208.13(b) (2002).
The standard for receiving withholding of deportation is “more
stringent than that for asylum eligibility.” Chen v. INS, 195 F.3d
198, 205 (4th Cir. 1999). An applicant for withholding must
demonstrate a clear probability of persecution. INS v. Cardoza-
Fonseca, 480 U.S. 421, 430 (1987). As Giwa has failed to establish
refugee status, she cannot satisfy the higher standard for
withholding of deportation.
We accordingly deny the petition for review. We dispense with
oral argument because the facts and legal arguments are adequately
presented in the materials before the court and argument would not
aid the decisional process.
PETITION DENIED
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