Djomasi v. Gonzales
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
NARCISSE DJOMASI, Petitioner, versus ALBERTO R. GONZALES, Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. (A97-196-028)
January 10, 2007
February 2, 2007
Before WILLIAMS, GREGORY, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Sopo Ngwa, Silver Spring, Maryland, for Petitioner. Peter D. Keisler, Assistant Attorney General, M. Jocelyn Lopez Wright, Assistant Director, Melvin Lublinski, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Narcisse Djomasi, a native and citizen of Cameroon, petitions for review of the Board of Immigration Appeals' ("Board") order affirming without opinion the immigration judge's order denying his applications for asylum, withholding of removal and withholding under the Convention Against Torture ("CAT"). Djomasi
claims the evidence supports his application for asylum and the immigration judge imposed upon him a higher burden of proof.* deny the petition for review. The Immigration and Naturalization Act (INA) authorizes the Attorney General to confer asylum on any refugee. § 1158(a) (2000). 8 U.S.C. We
The INA defines a refugee as a person unwilling
or unable to return to his native country "because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion." 8 U.S.C. § 1101(a)(42)(A) (2000). An applicant can
establish refugee status based on past persecution in his native country on account of a protected ground. 8 C.F.R. § 1208.13(b)(1) (2006). Without regard to past persecution, an alien can establish a well-founded fear of persecution on a protected ground.
Ngarurih v. Ashcroft, 371 F.3d 182, 187 (4th Cir. 2004).
Djomasi does not challenge the denial of withholding under the CAT. - 2 -
eligibility for asylum.
8 C.F.R. § 1208.13(a) (2006); GandziamiA
Mickhou v. Gonzales, 445 F.3d 351, 353 (4th Cir. 2006).
determination regarding eligibility for asylum is affirmed if supported by substantial evidence on the record considered as a whole. INS v. Elias-Zacarias, 502 U.S. 478, 481 (1992). This
court will reverse the Board "only if the evidence presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution." Rusu v. INS, 296 F.3d 316, 325
n.14 (4th Cir. 2002) (internal quotation marks and citations omitted). We find the immigration judge's adverse credibility
finding to be supported by the record. does not compel a different result. petition for review. facts and legal before
Therefore, the evidence Accordingly, we deny the
We dispense with oral argument because the are and adequately argument presented not in aid the the
contentions the court
decisional process. PETITION DENIED
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