UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1813
ADAMU TESHALE,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A95-255-877)
Submitted: February 11, 2005 Decided: February 24, 2005
Before WILKINSON, NIEMEYER, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Aragaw Mehari, Washington, D.C., for Petitioner. Peter D. Keisler,
Assistant Attorney General, James A. Hunolt, Senior Litigation
Counsel, Song Park, 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Unpublished opinions are not binding precedent in this circuit.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).
PER CURIAM:
Adamu Teshale, a native and citizen of Ethiopia,
petitions for review of an order of the Board of Immigration
Appeals affirming without opinion the immigration judge’s order
denying his applications for asylum, withholding of removal, and
protection under the Convention Against Torture.
In his petition for review, Teshale challenges the
immigration judge’s 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 Teshale fails to
show that the evidence compels a contrary result. Accordingly, we
cannot grant the relief that he seeks.
Additionally, we uphold the immigration judge’s denial of
Teshale’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 Teshale fails to show that
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he is eligible for asylum, he cannot meet the higher standard for
withholding of removal.
We also find that Teshale 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.” 8 C.F.R. § 1208.16(c)(2) (2004). We find
that Teshale fails 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
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