Alekawa v. Mukasey

Filing 920071204


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-1338 BIYAO ALEKAWA, Petitioner, versus MICHAEL B. MUKASEY, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A98-678-754) Submitted: November 21, 2007 Decided: December 4, 2007 Before NIEMEYER, MOTZ, and KING, Circuit Judges. Petition denied by unpublished per curiam opinion. Peter T. Ndikum, Silver Spring, Maryland, for Petitioner. Peter D. Keisler, Assistant Attorney General, Shelley R. Goad, Senior Litigation Counsel, Debora Gerads, Trial Attorney, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Biyao Alekawa, a native and citizen of Togo, petitions for review of an order of the Board of Immigration Appeals adopting and affirming the immigration judge's decision denying his requests for asylum, withholding of removal, and protection under the Convention Against Torture. Alekawa first 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." INS v. Elias-Zacarias, 502 U.S. 478, 483-84 (1992). We have reviewed the evidence of record and conclude that Alekawa fails to show that the evidence compels a contrary result. cannot grant the relief that he seeks. Additionally, we uphold the denial of Alekawa's request for withholding of removal. "Because the burden of proof for Accordingly, we 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 Alekawa fails to show that he is eligible for asylum, he cannot meet the higher standard for withholding of removal. - 2 - We also find that substantial evidence supports the finding that Alekawa 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) (2007). We find that Alekawa 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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