Yong Wu v. Eric Holder, Jr.

Filing 920090716

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-2240

YONG HUAN WU, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent.

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

Submitted:

June 30, 2009

Decided:

July 16, 2009

Before WILKINSON, MICHAEL, and MOTZ, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Khagendra Gharti-Chhetry, CHHETRY & ASSOCIATES, P.C., New York, New York, for Petitioner. Tony West, Assistant Attorney General, Daniel E. Goldman, Senior Litigation Counsel, Jonathan Robbins, 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Unpublished opinions are not binding precedent in this circuit.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: Yong Huan Wu, a native and citizen of the People's Republic of China, petitions for review of an order of the Board of Immigration Appeals dismissing of his his appeal from the

immigration withholding

judge's of

denial and

requests under

for the

asylum,

removal,

protection

Convention

Against Torture. Before this court, Wu challenges the determination To for

that he failed to establish his eligibility for asylum. obtain reversal of a determination denying eligibility

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 Wu fails to show that the evidence compels a contrary result. Accordingly, we find that

substantial evidence supports the denial of asylum relief. Additionally, we uphold the denial of Wu'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). 2 Camara v. Ashcroft,

Because Wu failed to show

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 Wu 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." failed court. to

8 C.F.R. § 1208.16(c)(2) (2009). make the requisite showing before

We find that Wu the immigration

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