UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1680
FNU SOEDARMADI; LILIANA SARI,
Petitioners,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A95-902-585; A95-902-586)
Submitted: February 28, 2005 Decided: March 21, 2005
Before WILKINSON, NIEMEYER, and LUTTIG, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Ivan Yacub, LAW OFFICE OF IVAN YACUB, Falls Church, Virginia, for
Petitioners. Peter D. Keisler, Assistant Attorney General, John C.
Cunningham, Senior Litigation Counsel, Luis E. Perez, OFFICE OF
IMMIGRATION LITIGATION, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Fnu Soedarmadi,* a native and citizen of Indonesia,
petitions for review of an order of the Board of Immigration
Appeals affirming without opinion the Immigration Judge’s (IJ)
denial of his applications for asylum, withholding of removal, and
protection under the Convention Against Torture.
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 Soedarmadi fails to show that the evidence compels a
contrary result. Having failed to qualify for asylum, Soedarmadi
cannot meet the higher standard to qualify for withholding of
removal. Chen v. INS, 195 F.3d 198, 205 (4th Cir. 1999); INS v.
Cardoza-Fonseca, 480 U.S. 421, 430 (1987).
We also uphold the IJ’s finding Soedarmadi failed to
establish eligibility for protection under the Convention Against
Torture. See 8 C.F.R. § 1208.16(c)(2) (2004). 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
*
Soedarmadi’s wife, Liliana Sari, is included in his
application.
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