UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-2533
AISSATOU NGANTCHEE MONTHE,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A95-221-380)
Submitted: August 22, 2005 Decided: August 31, 2005
Before WILLIAMS, KING, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Danielle Beach-Oswald, NOTO & OSWALD, P.C., Washington, D.C., for
Petitioner. Peter D. Keisler, Assistant Attorney General, James
Hunolt, Mark L. Gross, 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Unpublished opinions are not binding precedent in this circuit.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:
Aissatou Ngantchee Monthe, a native and citizen of
Cameroon, petitions for review of an order of the Board of
Immigration Appeals (“Board”) affirming the immigration judge’s
order denying her 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 Monthe fails to show that the evidence compels a
contrary result. Accordingly, we cannot grant the relief that she
seeks.
Additionally, we uphold the immigration judge’s denial of
Monthe’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 Monthe fails to show that
she is eligible for asylum, she cannot meet the higher standard for
withholding of removal.
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We also find that Monthe 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 Monthe 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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