Sivasambo v. Reno

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
VARATHARAJAH SIVASAMBO,
Petitioner,
v. No. 99-1306
JANET RENO,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals.
(A75-413-647)
Submitted: August 17, 1999
Decided: September 24, 1999
Before ERVIN,* HAMILTON, and TRAXLER, Circuit Judges.
_________________________________________________________________
Affirmed by unpublished per curiam opinion.
_________________________________________________________________
COUNSEL
Visuvanathan Rudrakumaran, LAW OFFICE OF VISUVANATHAN
RUDRAKUMARAN, New York, New York, for Petitioner. David
W. Ogden, Acting Assistant Attorney General, Emily Anne Radford,
Senior Litigation Counsel, Michelle E. Gorden, Office of Immigration
Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Wash-
ington, D.C., for Respondent.
_________________________________________________________________
*Judge Ervin participated in the consideration of this case but died
prior to the time the decision was filed. The decision is filed by a quorum
of the panel pursuant to 28 U.S.C. § 46(d).
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
_________________________________________________________________
OPINION
PER CURIAM:
Varatharajah Sivasambo seeks a review of the decision of the
Board of Immigration Appeals (Board) denying relief on his applica-
tion for asylum and withholding of removal. The Board's determina-
tion that Sivasambo is not eligible for asylum must be upheld unless
that determination is "manifestly contrary to law." See 8 U.S.C.A.
§ 1252(b)(4)(C) (West 1999). The Board concluded that Sivasambo
failed to meet his burden of proving a well-founded fear of persecu-
tion on account of protected grounds if he were returned to Sri Lanka.
Our review of the record discloses that the Board's decision is with-
out reversible error.
The abuse suffered by Sivasambo while detained by the Sri Lankan
police does not form a sufficient basis for a grant of asylum arising
solely from the severity of past persecution. See Baka v. INS, 963
F.2d 1376, 1379 (10th Cir. 1992) (quoting Rivera-Cruz v. INS, 948
F.2d 962, 969 (5th Cir. 1991)) (holding that to establish such eligibil-
ity, an alien must show past persecution so severe that repatriation
would be inhumane). Furthermore, Sivasambo failed to establish that
he has a well-founded fear of future persecution on account of pro-
tected grounds if he is returned to Sri Lanka. Because Sivasambo did
not establish eligibility for asylum, he cannot meet the higher stan-
dard for withholding removal. See INS v. Cardoza-Fonseca, 480 U.S.
421, 430-32 (1987).
Accordingly, we affirm. We dispense with oral argument because
the facts and legal contentions are adequately presented in the materi-
als before the court and argument would not aid the decisional pro-
cess.
AFFIRMED
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