Atsede Oqubaegzi v. Eric Holder, Jr.

Filing 920090410

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-1562

ATSEDE MICHAEL OQUBAEGZI, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals.

Submitted:

March 25, 2009

Decided:

April 10, 2009

Before WILKINSON and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Fitsum Alemu, Arlington, Virginia, for Petitioner. Michael F. Hertz, Acting Assistant Attorney General, Richard M. Evans, Assistant Director, Kevin J. Conway, 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Unpublished opinions are not binding precedent in this circuit.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: Atsede Ethiopia, Michael for Oqubaegzi, review of a an native order her and of citizen Board from of of the

petitions Appeals judge's of

the

Immigration immigration withholding

("Board") denial and

dismissing of her

appeal for the

requests under

asylum,

removal,

protection

Convention

Against Torture. Before this court, Oqubaegzi 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." Elias-Zacarias, 502 U.S. 478, 483-84 (1992). INS v.

We have reviewed

the evidence of record and conclude that Oqubaegzi fails to show that the evidence compels a contrary result. cannot grant the relief that she seeks. Additionally, request for withholding we of uphold the denial "Because of the Oqubaegzi's burden of Accordingly, we

removal.

proof for withholding of removal is higher than for asylum--even though the facts that must be proved are the same--an applicant who is ineligible of for asylum under is necessarily U.S.C.] ineligible § for

withholding

removal

[8

1231(b)(3)." Because

Camara v. Ashcroft, 378 F.3d 361, 367 (4th Cir. 2004). 2

Oqubaegzi failed to show that 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 Oqubaegzi failed 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." Oqubaegzi 8 C.F.R. § 1208.16(c)(2) (2008). to make the requisite showing We find that before the

failed

immigration court. Accordingly, dispense with oral we deny the petition the for facts review. and We legal

argument

because

contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

PETITION DENIED

3