Sow v. Mukasey , 268 F. App'x 249 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-1494
BORA SOW,
Petitioner,
v.
MICHAEL B. MUKASEY, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A73-643-569)
Submitted: February 13, 2008 Decided: March 4, 2008
Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.
Petition denied by unpublished per curiam opinion.
John T. Riely, Bethesda, Maryland, for Petitioner. Peter D.
Keisler, Assistant Attorney General, Terri J. Scadron, Assistant
Director, Siu P. Wong, 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Unpublished opinions are not binding precedent in this circuit.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:
Bora Sow, a native and citizen of Guinea, petitions for
review of an order of the Board of Immigration Appeals affirming,
without opinion, the immigration judge’s decision denying his
requests for asylum, withholding of removal, and protection under
the Convention Against Torture.
Sow 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.”
INS v. Elias-Zacarias, 502 U.S. 478, 483-84 (1992). We have
reviewed the evidence of record and conclude that Sow fails to show
that the evidence compels a contrary result. Accordingly, we
cannot grant the relief that he seeks.
Additionally, we uphold the denial of Sow’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) [2000].” Camara v. Ashcroft,
378 F.3d 361, 367 (4th Cir. 2004). Because Sow fails to show that
he is eligible for asylum, he cannot meet the higher standard for
withholding of removal.
- 2 -
We also find that substantial evidence supports the
finding that Sow fails 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.”
8 C.F.R. § 1208.16(c)(2) (2007). We find that Sow failed to make
the requisite showing before the immigration court.
Accordingly, 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
- 3 -