Gebregeorgis v. Gonzales , 174 F. App'x 796 ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1944
YARED ASHAGRE GEBREGEORGIS,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A97-189-879)
Submitted: March 24, 2006 Decided: April 10, 2006
Before WILLIAMS, GREGORY, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Aragaw Mehari, Washington, D.C., for Petitioner. Paul J. McNulty,
United States Attorney, Ralph Andrew Price, Jr., Assistant United
States Attorney, Alexandria, Virginia, for Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Yared Ashagre Gebregeorgis, a native and citizen of
Ethiopia, petitions for review of an order of the Board of
Immigration Appeals adopting and affirming the immigration judge’s
denial of his requests for asylum, withholding of removal, and
protection under the Convention Against Torture. We deny the
petition.
In his petition for review, Gebregeorgis 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 Gebregeorgis 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 Gebregeorgis’
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).” Camara v. Ashcroft, 378
F.3d 361, 367 (4th Cir. 2004). Because Gebregeorgis fails to show
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that he is eligible for asylum, he cannot meet the higher standard
for withholding of removal.
We also find that substantial evidence supports the
finding that Gebregeorgis 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) (2005). We find that
Gebregeorgis 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
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