Fei Lin v. Eric Holder, Jr.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
FEI LIN, Petitioner, v. ERIC H. HOLDER, JR., Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals.
July 28, 2009
August 13, 2009
Before WILKINSON, MICHAEL, and MOTZ, Circuit Judges.
Petition denied in part, and dismissed in part by unpublished per curiam opinion.
Fei Lin, Petitioner Pro Se. Daniel Eric Goldman, Senior Litigation Counsel, Jem Colleen Sponzo, Tyrone Sojourner, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Fei Lin, a native and citizen of China, petitions for review of an order of the Board of Immigration Appeals (Board) affirming the Immigration Judge's denial of his applications for relief from removal. Lin first 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 Lin fails to show that the evidence compels a contrary result. Having failed to qualify for asylum, Lin 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). Finally, Lin challenges the denial of
relief on his claim under the Convention Against Torture (CAT). Because Lin did not raise this claim in his appeal to the Board, we find that it has not been properly exhausted. 1252(d)(1) (2006). See 8 U.S.C.
We thus lack jurisdiction to review Lin's
claim for CAT protection.
Accordingly, we deny in part and dismiss in part the petition for review. facts and legal before We dispense with oral argument because the are and adequately argument presented not in aid the the
contentions the court
PETITION DENIED IN PART, AND DISMISSED IN PART
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