Fernandes v. Gonzales , 198 F. App'x 326 ( 2006 )


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  •                                UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 06-1133
    NOE ALO FERNANDES,
    Petitioner,
    versus
    ALBERTO R. GONZALES, Attorney General of the
    United States,
    Respondent.
    On Petition for Review of an Order of the Board of Immigration
    Appeals. (A97-624-475)
    Submitted:   August 18, 2006             Decided:   September 6, 2006
    Before NIEMEYER, WILLIAMS, and MOTZ, Circuit Judges.
    Petition denied by unpublished per curiam opinion.
    Sopo Ngwa, Silver Spring, Maryland, for Petitioner. Peter D.
    Keisler, Assistant Attorney General, Carol Federighi, Senior
    Litigation Counsel, Elizabeth Yu, UNITED STATES DEPARTMENT OF
    JUSTICE, Washington, D.C., for Respondent.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Noe Alo Fernandes, a native and citizen of Guinea-Bissau,
    petitions for review of an order of the Board of Immigration
    Appeals (Board) adopting and affirming the immigration judge’s
    denial of his request for asylum, withholding of removal, and
    protection under the Convention Against Torture.
    In his petition for review, Fernandes challenges the
    immigration judge’s determination that he failed to establish his
    eligibility for asylum. 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.”
    Rusu v. INS, 
    296 F.3d 316
    , 325 n.14 (4th Cir. 2002) (internal
    quotation and citation omitted).         We have reviewed the evidence of
    record and conclude that Fernandes fails to show that the evidence
    compels a contrary result. Accordingly, we cannot grant the relief
    that he seeks.
    Similarly, because Fernandes does not qualify for asylum,
    he is also ineligible for withholding of removal.               See Camara v.
    Ashcroft, 
    379 F.3d 361
    , 367 (4th Cir. 2004).
    Finally, substantial evidence supports the finding that
    Fernandes   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.”
    - 2 -
    
    8 C.F.R. § 1208.16
    (c)(2) (2005).        Fernandes failed to make the
    requisite showing.
    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 -
    

Document Info

Docket Number: 06-1133

Citation Numbers: 198 F. App'x 326

Judges: Motz, Niemeyer, Per Curiam, Williams

Filed Date: 9/6/2006

Precedential Status: Non-Precedential

Modified Date: 8/7/2023