UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1144
ETSUB SHIFERAW TAYE,
Petitioner,
versus
JOHN ASHCROFT, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A95-223-009)
Submitted: August 18, 2004 Decided: September 13, 2004
Before KING, GREGORY, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Aragaw Mehari, Washington, D.C., for Petitioner. Peter D. Keisler,
Assistant Attorney General, Emily Anne Radford, Assistant Director,
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Unpublished opinions are not binding precedent in this circuit.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:
Etsub Shiferaw Taye, a native and citizen of Ethiopia,
petitions for review of an order of the Board of Immigration
Appeals affirming the immigration judge’s denial of asylum. For
the reasons discussed below, we deny the petition for review.
Taye asserts that his evidence established past
persecution, and that the resulting presumption of a well-founded
fear of future persecution was sufficient to establish his
eligibility for asylum. According to his testimony before the
immigration judge, however, Taye did not establish both past
persecution on a protected ground and that he was unable or
unwilling to return to that country owing to that persecution, as
required in 8 C.F.R. § 1208.13(b)(1) (2004). Taye testified that
he came to this country for medical treatment and fully intended to
return to Ethiopia. Therefore, he is entitled to no presumption of
a well-founded fear of future persecution, and his remaining
evidence does not satisfy his burden of proof.
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
- 2 -