Richard Feng v. Eric Holder, Jr.

Filing 920091215

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1999 RICHARD FENG, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: November 10, 2009 Decided: December 15, 2009 Before GREGORY, SHEDD, and AGEE, Circuit Judges. Petition denied by unpublished per curiam opinion. Blake P. Somers, BLAKE P. SOMERS, LLC, Cincinnati, Ohio, for Petitioner. Tony West, Assistant Attorney General, Linda S. Wernery, Assistant Director, Susan Bennett Green, 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 Unpublished opinions are not binding precedent in this circuit.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: Richard Feng, a native and citizen of Cameroon, petitions for review of an order of the Board of Immigration Appeals judge's ("Board") denial of dismissing his his appeal for from the immigration of requests asylum, withholding removal, and protection under the Convention Against Torture. Feng 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." (1992). INS v. Elias-Zacarias, 502 U.S. 478, 483-84 We have reviewed Feng's claims and the evidence of record and conclude that he fails to show that the evidence compels a contrary result. We therefore find that substantial evidence supports the denial of relief. Additionally, we uphold the denial of Feng's request for withholding of removal. "Because the burden of 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 for asylum is necessarily ineligible for withholding of removal under [8 U.S.C.] 1231(b)(3)." 378 F.3d 361, 367 (4th Cir. 2004). Camara v. Ashcroft, Because Feng failed to show 2 that he is eligible for asylum, he cannot meet the higher standard for withholding of removal. Finally, we find that substantial evidence supports the finding that Feng 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." 8 C.F.R. 1208.16(c)(2) (2009). We find that Feng failed to make the requisite showing before the 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

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