Williams v. INS

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT CHARLES ADEYEMI WILLIAMS, Petitioner, v. No. 99-1519 U.S. IMMIGRATION & NATURALIZATION SERVICE, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A72-029-905) Submitted: October 26, 1999 Decided: November 18, 1999 Before LUTTIG, MICHAEL, and KING, Circuit Judges. _________________________________________________________________ Affirmed by unpublished per curiam opinion. _________________________________________________________________ COUNSEL Randall L. Johnson, JOHNSON & ASSOCIATES, Arlington, Vir- ginia, for Petitioner. David W. Ogden, Acting Assistant Attorney General, Kristen A. Giuffreda, Senior Litigation Counsel, Greg D. Mack, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. _________________________________________________________________ Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). _________________________________________________________________ OPINION PER CURIAM: Charles Williams seeks a review of the decision of the Board of Immigration Appeals (Board) denying relief on his application for asylum and withholding of deportation. The Board's determination that Williams is not eligible for asylum must be upheld if the determi- nation is "supported by reasonable, substantial, and probative evi- dence on the record considered as a whole." 8 U.S.C. § 1105a(a)(4) (1994). The decision may be reversed only if the evidence presented by Williams was such that a reasonable fact finder would have to con- clude that the requisite fear of persecution existed. See INS v. Elias- Zacarias, 502 U.S. 478, 481 (1992). The Board concluded that Wil- liams failed to meet his burden of proving that he was persecuted or has a well-founded fear of future persecution on account of protected grounds. Our review of the record discloses that the Board's decision is based upon substantial evidence and is without reversible error. Because Williams failed to show entitlement to asylum, he cannot meet the higher standard for withholding deportation. See INS v. Cardoza-Fonseca, 480 U.S. 421, 430-32 (1987). Accordingly, we affirm on the reasoning of the Board. We dispense with oral argument because the facts and legal contentions are ade- quately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2