Bola Soliman v. Eric Holder, Jr.

Filing 402752873

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: A079-122-924 Copies to all parties and the district court/agency. [998317570] [09-1943]

Case: 09-1943

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Date Filed: 04/13/2010

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1943 BOLA KAMEL SHAHAT SOLIMAN, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: March 11, 2010 Decided: April 13, 2010

Before WILKINSON, GREGORY, and DAVIS, Circuit Judges. Petition denied by unpublished per curiam opinion. Samy Beshay, New York, New York, for Petitioner. Tony West, Assistant Attorney General, Keith I. McManus, Senior Litigation Counsel, Kimberly A. Burdge, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM: Bola Kamel Shahat Soliman, a native of Nigeria and a citizen of Egypt, petitions for review of an order of the Board of Immigration Appeals ("Board") dismissing his appeal from the immigration judge's order denying his applications for asylum, withholding of removal and withholding under the Convention

Against Torture ("CAT").

We deny the petition for review.

The Immigration and Nationality Act ("INA") authorizes the Attorney General to confer asylum on any refugee. § 1158(a), (b) (2006). It defines a refugee as 8 U.S.C. a person

unwilling or unable to return to his native country "because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion." "Persecution involves the 8 U.S.C. § 1101(a)(42)(A) (2006). infliction or threat of death,

torture, or injury to one's person or freedom, on account of one of the enumerated grounds[.]" (4th Cir. 2005) (internal Li v. Gonzales, 405 F.3d 171, 177 quotation marks and citations

omitted).

Persecution is "the infliction of harm or suffering

by the government, or persons the government is unwilling or unable to control, to overcome a characteristic of the victim." Khalili v. Holder, 557 F.3d 429, 436 (6th Cir. 2004) (internal quotation marks and citation omitted).

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An alien "bear[s] the burden of proving eligibility for asylum," Naizgi v. Gonzales, 455 F.3d 484, 486 (4th Cir. 2006); see 8 C.F.R. § 1208.13(a) (2009), and can establish

refugee status based on past persecution in his native country on account of a protected ground. (2009). 8 C.F.R. § 1208.13(b)(1)

"An applicant who demonstrates that he was the subject

of past persecution is presumed to have a well-founded fear of persecution." 2004). establish ground. Ngarurih v. Ashcroft, 371 F.3d 182, 187 (4th Cir. regard to past of persecution, persecution an on a alien can

Without a Id.

well-founded

fear

protected

"Withholding of removal is available under 8 U.S.C. § 1231(b)(3) if the alien shows that it is more likely than not that her life or freedom would be threatened in the country of removal because of her race, religion, nationality, membership in a particular social group, or political opinion." Gomis v.

Holder, 571 F.3d 353, 359 (4th Cir. 2009) (internal quotation marks omitted), cert. denied, __ S. Ct. __, 2010 WL 58386 (U.S. Jan. 11, 2010) (No. 09-194). than that for asylum if an . . "This is a more stringent standard . . [and], while asylum is for

discretionary,

alien

establishes

eligibility

withholding of removal, the grant is mandatory." Mickhou v. Gonzales, 445 F.3d 351, 353-54 (4th

GandziamiCir. 2006)

(internal citations omitted) (alteration added). 3

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A

determination

regarding

eligibility

for

asylum

or

withholding of removal is affirmed if supported by substantial evidence on the record considered as a whole. Zacarias, 502 U.S. 478, 481 (1992). INS v. Elias-

Administrative findings of

fact are conclusive unless any reasonable adjudicator would be compelled to decide to the contrary. (2006). 8 U.S.C. § 1252(b)(4)(B)

This court will reverse the Board only if "the evidence

. . . presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution." Elias-

Zacarias, 502 U.S. at 483-84; see Rusu v. INS, 296 F.3d 316, 325 n.14 (4th Cir. 2002). Because the Board added its own reasoning

when it adopted the immigration judge's decision, this court will review both decisions. 511 n.8 (4th Cir. 2007). We finding that find substantial failed evidence to show supports his the Board's of past Niang v. Gonzales, 492 F.3d 505,

Soliman

claim

persecution was as a result of the Egyptian government directing such persecution to or because those the government was unable or had

unwilling

control

persons

Soliman

claimed

persecuted him.

We also find substantial evidence supports the

finding that Soliman did not establish a well-founded fear of persecution. We further find Soliman did not challenge the

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finding

that

he

could

escape

the

persecution

by

relocating

within Egypt. * Because the record does not compel a different result, we deny the petition for review. We dispense with oral argument

because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED

Soliman does not challenge the denial of relief under the CAT. As such, the claim is abandoned. See Yousefi v. INS, 260 F.3d 318, 326 (4th Cir. 2001). 5

*