UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-2269
ERIC H. YONKEU,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A95-254-772)
Submitted: May 20, 2005 Decided: June 3, 2005
Before WILLIAMS, KING, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Randall L. Johnson, JOHNSON & ASSOCIATES, P.C., Arlington,
Virginia, for Petitioner. Peter D. Keisler, Assistant Attorney
General, Linda S. Wernery, Senior Litigation Counsel, Mark D.
Chestnutt, 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Unpublished opinions are not binding precedent in this circuit.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:
Eric Herve Yonkeu, a native and citizen of Cameroon,
petitions for review of an order of the Board of Immigration
Appeals (“Board”) affirming and adopting the immigration judge’s
decision denying his applications for asylum, withholding from
removal and withholding under the Convention Against Torture.
Yonkeu challenges the finding that he failed to meet his 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 record and conclude Yonkeu fails to show the evidence
compels a contrary result.*
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
*
Yonkeu does not challenge the denial of withholding from
removal or relief under the Convention Against Torture. In any
event, having failed to qualify for asylum, Yonkeu cannot meet the
higher standard to qualify for withholding of removal. INS v.
Cardoza-Fonseca, 480 U.S. 421, 430 (1987); Chen v. INS, 195 F.3d
198, 205 (4th Cir. 1999). Nor did he show it is more likely than
not that he will be tortured if removed to Cameroon. 8 C.F.R.
§ 1208.16(c)(2).
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