Jean Francime v. Eric Holder, Jr.

Filing 920090605

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-2220

JEAN EMMANUEL FRANCIME, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent.

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

Submitted:

May 19, 2009

Decided:

June 5, 2009

Before TRAXLER, DUNCAN, and AGEE, Circuit Judges.

Petition denied by unpublished per curiam opinion.

John E. Gallagher, Catonsville, Maryland, for Petitioner. Michael F. Hertz, Acting Assistant Attorney General, Mary Jane Candaux, Assistant Director, Robbin K. Blaya, OFFICE OF IMMIGRATION LITIGATION, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Jean Emmanuel Francime, a native and citizen of Haiti, petitions for review of an order of the Board of Immigration Appeals affirming the Immigration Judge's denial of his

applications for relief from removal. Francime challenges the determination that he failed to establish eligibility for asylum. determination denying eligibility for To obtain reversal of a 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 Francime fails to show that the evidence compels a contrary result. Having failed to qualify for asylum, Francime cannot

meet the more stringent standard for withholding of removal. Chen v. INS, 195 F.3d 198, 205 (4th Cir. 1999); INS v.

Cardoza-Fonseca, 480 U.S. 421, 430 (1987). 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

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