Weng v. Holder , 316 F. App'x 265 ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1383
JIN WENG,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: February 12, 2009 Decided: March 12, 2009
Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Thomas V. Massucci, New York, New York, for Petitioner. Gregory
G. Katsas, Assistant Attorney General, Carol Federighi, Senior
Litigation Counsel, Andrew B. Insenga, 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Unpublished opinions are not binding precedent in this circuit.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:
Jin Weng, a native and citizen of the People’s
Republic of China, petitions for review of an order of the Board
of Immigration Appeals (“Board”) dismissing his appeal from the
immigration judge’s denial of his requests for asylum,
withholding of removal, and protection under the Convention
Against Torture.
Weng 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 Weng 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 Weng’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).” Camara v. Ashcroft,
378 F.3d 361, 367 (4th Cir. 2004). Because Weng failed 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 Weng 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.” 8 C.F.R. § 1208.16(c)(2) (2008). We find that
Weng 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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