Patrick Gakuo v. Michael Mukasey
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
PATRICK WANJEHIA GAKUO, Petitioner, v. MICHAEL B. MUKASEY, Attorney General, Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals.
October 16, 2008
October 24, 2008
Before MICHAEL, GREGORY, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Kell Enow, ENOW & PATCHA IMMIGRATION PRACTICE, Silver Spring, Maryland, for Petitioner. Gregory G. Katsas, Assistant Attorney General, M. Jocelyn Lopez Wright, Assistant Director, Yamileth G. HandUber, Joseph I. Frydman, OFFICE OF IMMIGRATION LITIGATION, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Patrick Wanjehia Gakuo, a native and citizen of Kenya, petitions for review of an order of the Board of Immigration Appeals affirming without opinion the Immigration Judge's denial of his applications for relief from removal. Gakuo first challenges the determination that he
failed to establish eligibility for asylum. of a determination denying eligibility for
To obtain reversal 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." (1992). INS v. Elias-Zacarias, 502 U.S. 478, 483-84
We have reviewed the evidence of record and conclude
that Gakuo fails to show that the evidence compels a contrary result. Having failed to qualify for asylum, Gakuo cannot meet Chen v.
the more stringent standard for withholding of removal.
INS, 195 F.3d 198, 205 (4th Cir. 1999); INS v. Cardoza-Fonseca, 480 U.S. 421, 430 (1987). Finally, we uphold the finding below
that Gakuo failed to demonstrate that it is more likely than not that he would be tortured if removed to Kenya. 8 C.F.R.
§ 1208.16(c)(2) (2008). Accordingly, dispense with oral we deny the petition the for facts review. and We legal
contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?