Kagwimi v. Gonzales

Filing 920070713

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-2065 EUNICE WAMIRU KAGWIMI, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A95-265-285; A95-265-284) Submitted: June 20, 2007 Decided: July 13, 2007 Before MOTZ, TRAXLER, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Kell Enow, LAW OFFICES OF ENOW & PATCHA, Silver Spring, Maryland, for Petitioner. Peter D. Keisler, Assistant Attorney General, John C. Cunningham, Senior Litigation Counsel, Ashley B. Han, 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 Unpublished opinions are not binding precedent in this circuit.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: Eunice Wamiru Kagwimi, a native and citizen of Kenya, petitions for review of an order of the Board of Immigration Appeals dismissing her appeal from the immigration judge's decision denying her requests for asylum, withholding of removal, and protection under the Convention Against Torture. In her petition for review, Kagwimi challenges the determination that she failed to establish her eligibility for asylum. To obtain reversal of a determination denying eligibility for relief, an alien "must show that the evidence [s]he presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution." U.S. 478, 483-84 (1992). INS v. Elias-Zacarias, 502 We have reviewed the evidence of record and conclude that Kagwimi fails to show that the evidence compels a contrary result. she seeks. Additionally, we uphold the denial of Kagwimi's request for withholding of removal. "Because the burden of proof for Accordingly, we cannot grant the relief that 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 Kagwimi fails to show that - 2 - she is eligible for asylum, she cannot meet the higher standard for withholding of removal. We also find that substantial evidence supports the finding that Kagwimi 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). We find that Kagwimi failed to make the requisite showing before the immigration court. Accordingly, we deny the petition for review. We 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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