Margaret Ngbatkam v. Eric Holder, Jr.

Filing 920100119

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-1514

MARGARET NJOB TESAMBOM NGBATKAM, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent.

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

Submitted:

December 30, 2009

Decided:

January 19, 2010

Before MICHAEL and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Danielle L. C. Beach-Oswald, BEACH-OSWALD IMMIGRATION LAW ASSOCIATES, PC, Washington, D.C., for Petitioner. Tony West, Assistant Attorney General, Mary Jane Candaux, Assistant Director, David H. Wetmore, 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Unpublished opinions are not binding precedent in this circuit.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: Margaret Njob Tesambom Ngbatkam, a native and citizen of Cameroon, petitions for review of an order of the Board of Immigration immigration withholding Appeals judge's of ("Board") denial and dismissing of her her appeal for the from the

requests under

asylum,

removal,

protection

Convention

Against Torture. Ngbatkam first challenges the determination that she failed reviewed decision, to establish the and her eligibility record, affirmance for the asylum. immigration and We have

administrative the Board's

judge's that

thereof,

find

substantial evidence supports the Board's ruling that Ngbatkam failed to establish on persecution of or a in well-founded a fear of

persecution

account

membership

particular

social See 8

group, political opinion, or any other protected ground. U.S.C. § 1101(a)(42)(A) (2006) (defining refugee). uphold the denial of relief. Additionally, request for withholding we of uphold the denial "Because of the

We therefore

Ngbatkam's burden of

removal.

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 of for asylum under is necessarily U.S.C.] ineligible § for

withholding

removal

[8

1231(b)(3)." Because

Camara v. Ashcroft, 378 F.3d 361, 367 (4th Cir. 2004). 2

Ngbatkam failed to show that she is eligible for asylum, she cannot meet the higher standard for withholding of removal. Finally, we find that substantial evidence supports

the finding that Ngbatkam 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." Ngbatkam 8 C.F.R. § 1208.16(c)(2) (2009). to make the requisite showing We find that before the

failed

immigration court. 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