UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-2436
SINTESIA LANI SUTANTO,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A96-281-638)
Submitted: April 27, 2005 Decided: May 19, 2005
Before WILLIAMS and TRAXLER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Yueh-Mei-Wu Rowan, ROWAN & ASSOCIATES, P.C., Fairfax, Virginia;
Arnedo S. Valera, LAW OFFICES OF ARNEDO S. VALERA, Fairfax,
Virginia, for Petitioner. Peter D. Keisler, Assistant Attorney
General, James Hunolt, Senior Litigation Counsel, Teresa A.
Wallbaum, 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Unpublished opinions are not binding precedent in this circuit.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:
Sintesia Lani Sutanto, a native and citizen of Indonesia,
petitions for review of an order of the Board of Immigration
Appeals (Board) affirming, without opinion, the Immigration Judge’s
(IJ) denial of her application for asylum, withholding of removal
and protection under the Convention Against Torture (CAT).*
Sutanto challenges the IJ’s finding that she failed to meet her
burden of proof to qualify 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 Sutanto fails to show that the evidence compels a
contrary result. Additionally, to the extent that Sutanto claims
that the Board's use of the summary affirmance procedure as set
forth in 8 C.F.R. § 1003.1(e)(4) (2004) was improper or
impermissible, we find that this claim is squarely foreclosed by
*
We note that Sutanto fails to challenge the IJ’s denial of
her application for withholding of removal and protection under the
CAT. In any event, we lack jurisdiction over any challenge to the
denial of withholding of removal and protection under the CAT
because Sutanto failed to properly exhaust these claims in her
appeal to the Board. See 8 U.S.C. § 1252(d)(1) (2000); Asika v.
Ashcroft, 362 F.3d 264, 267 n.3 (4th Cir. 2004), cert. denied, 125
S. Ct. 861 (2005).
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our decision in Blanco de Belbruno v. Ashcroft, 362 F.3d 272 (4th
Cir. 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
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