Xiao Yuan Wu v. Holder

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1454
XIAO YUAN WU,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: January 13, 2010 Decided: February 8, 2010
Before MOTZ, KING, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Xiao Yuan Wu, Petitioner Pro Se. Raphael Choi, Chief Counsel,
Arlington, Virginia; Carol Federighi, Senior Litigation Counsel,
Eric Warren Marsteller, Tyrone Sojourner, UNITED STATES
DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Xiao Yuan Wu, a native and citizen of China, petitions
for review of an order of the Board of Immigration Appeals
affirming the Immigration Judge’s denial of his applications for
relief from removal.
Wu first challenges the determination that he 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 Wu fails to show that the evidence compels a contrary
result. Having failed to qualify for asylum, Wu cannot meet the
more stringent standard for withholding of removal. Chen v.
INS, 195 F.3d 198, 205 (4th Cir. 1999) (citing INS v. Cardoza-
Fonseca, 480 U.S. 421, 430-32 (1987)). Finally, we uphold the
finding below that Wu failed to demonstrate that it is more
likely than not that he would be tortured if removed to China.
8 C.F.R. § 1208.16(c)(2) (2009).
Accordingly, we deny the petition for review. We
dispense with oral argument because the facts and legal
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contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
PETITION DENIED
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