Illescas-Diaz v. Holder , 419 F. App'x 321 ( 2011 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1780
JESSICA SUSSETTE ILLESCAS-DIAZ, a/k/a Yesica Suset
Illescas-Dias, a/k/a Jessica Sussette Illescas Dias,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: February 28, 2011 Decided: March 21, 2011
Before KING, SHEDD, and DAVIS, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Linda A. Dominguez, L.A. DOMINGUEZ LAW, LLC, Baltimore,
Maryland, for Petitioner. Tony West, Assistant Attorney General,
John S. Hogan, Senior Litigation Counsel, Rosanne M. Perry,
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Unpublished opinions are not binding precedent in this circuit.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:
Jessica Sussette Illescas-Diaz, a native and citizen
of Guatemala, petitions for review of an order of the Board of
Immigration Appeals affirming the Immigration Judge’s denial of
her applications for relief from removal.
Illescas-Diaz challenges the determination that she
failed to establish 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 Illescas-Diaz fails to show that the evidence compels a
contrary result. Having failed to qualify for asylum,
Illescas-Diaz cannot meet the more stringent standard for
withholding of removal. Chen v. INS, 195 F.3d 198, 205 (4th
Cir. 1999); INS v. Cardoza-Fonseca, 480 U.S. 421, 430 (1987).
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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