Eric Ntore v. Eric Holder, Jr.

Filing 920090618

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-2048 ERIC NTORE, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: May 21, 2009 Decided: June 18, 2009 Before WILKINSON, MICHAEL, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. David C. Bennion, NATIONALITIES SERVICE CENTER, Philadelphia, Pennsylvania, for Petitioner. Michael F. Hertz, Acting Assistant Attorney General, William C. Peachey, Assistant Director, Mona Maria Yousif, 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 Unpublished opinions are not binding precedent in this circuit.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: Eric Ntore, a native and citizen of Burundi, petitions for review of an order of the Board of Immigration Appeals dismissing his appeal from the immigration judge's denial of his requests for asylum, withholding of removal, and protection under the Convention Against Torture. Before this court, Ntore challenges the determination that he failed to establish his eligibility for asylum. obtain reversal of a determination denying eligibility To 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." U.S. 478, 483-84 (1992). We have INS v. Elias-Zacarias, 502 reviewed the evidence of record and conclude that Ntore fails to show that the evidence compels a contrary result. relief that he seeks. Additionally, we uphold the denial of Ntore's request for withholding of removal. "Because the burden of proof for Accordingly, we cannot grant the 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 Ntore failed to show 2 that he is eligible for asylum, he cannot meet the higher standard for withholding of removal. We also find that substantial evidence supports the finding that Ntore 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." Ntore failed 8 C.F.R. 1208.16(c)(2) (2009). to make the requisite showing We find that before the immigration court. Accordingly, we deny the petition for review. Given this disposition, we deny the pending motion for stay of removal as moot. legal before We dispense with oral argument because the facts and are and adequately argument presented not in aid the the materials decisional contentions the court would process. PETITION DENIED 3

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