Mbuno v. Gonzales

Filing 920061012

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-2325 LEO BOBVALLA MBUNO, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A97-193-805) Submitted: August 18, 2006 Decided: October 12, 2006 Before NIEMEYER, TRAXLER, and GREGORY, Circuit Judges. Petition denied by unpublished per curiam opinion. Danielle L.C. Beach-Oswald, NOTO & OSWALD, P.C., Washington, D.C., for Petitioner. Peter D. Keisler, Assistant Attorney General, James A. Hunolt, OFFICE OF IMMIGRATION LITIGATION, Samuel D. Blesi, 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 Unpublished opinions are not binding precedent in this circuit.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: Leo Bobvalla Mbuno, a native and citizen of Cameroon, petitions for review of an order of the Board of Immigration Appeals dismissing his appeal from the immigration judge's decision denying his requests for asylum, withholding of removal, and protection under the Convention Against Torture. In his petition for review, Mbuno challenges the determination that he failed to establish his 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." 478, 483-84 (1992). INS v. Elias-Zacarias, 502 U.S. We have reviewed the evidence of record and conclude that Mbuno fails to show that the evidence compels a contrary result. seeks. Additionally, we uphold the denial of Mbuno's request for withholding of removal. "Because the burden of proof for Accordingly, we cannot grant the relief that he 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)." F.3d 361, 367 (4th Cir. 2004). Camara v. Ashcroft, 378 Because Mbuno fails to show that he - 2 - is eligible for asylum, he cannot meet the higher standard for withholding of removal. We also find that substantial evidence supports the finding that Mbuno fails 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). the requisite showing. Accordingly, we deny the petition for review. We We find that Mbuno failed to make 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 - 3 -

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