UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1572
XIAN AN CAO,
Petitioner,
versus
ALBERTO R. GONZALES,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A72-353-289)
Submitted: November 16, 2005 Decided: December 9, 2005
Before WILLIAMS, MOTZ, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Dehai Zhang, New York, New York, for Petitioner. Anna Mills
Wagoner, United States Attorney, Harry L. Hobgood, Assistant United
States Attorney, Greensboro, North Carolina, for Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Xian An Cao, a native and citizen of China, petitions for
review of an order of the Board of Immigration Appeals affirming
without opinion the Immigration Judge’s denial of his applications
for asylum, withholding of removal, and protection under the
Convention Against Torture. Cao challenges the finding that he
failed to meet his burden of proof to qualify for asylum based on
his claim of religious persecution.
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 Cao fails to show that the evidence compels a
contrary result. In addition, we find that we are without
jurisdiction to consider Cao’s claim based on China’s coercive
family planning policies because Cao has failed to exhaust
administrative remedies with respect to that claim. See 8 U.S.C.
§ 1252(d)(1) (2000).
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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