Jia Lin v. Eric Holder, Jr.

Filing 920091230

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-1450

JIA XIU LIN, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent.

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

Submitted:

December 16, 2009

Decided:

December 30, 2009

Before KING, GREGORY, and DUNCAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Gary J. Yerman, New York, New York, for Petitioner. Tony West, Assistant Attorney General, John S. Hogan, Senior Litigation Counsel, Todd J. Cochran, 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Unpublished opinions are not binding precedent in this circuit.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: Jia Xiu Lin, 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. Lin 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 the evidence of record and conclude

that Lin 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 Lin'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 Lin failed to show

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 Lin 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. Accordingly, dispense with oral we deny the petition the for facts review. and We legal to 8 C.F.R. § 1208.16(c)(2) (2009). the requisite showing before We find that Lin the immigration

make

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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