UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1400
H. MARIAM YOUNATHAN GETACHEW,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General of the
United States,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A96-289-096)
Submitted: October 21, 2005 Decided: January 11, 2006
Before LUTTIG, MICHAEL, and TRAXLER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Victor Mba-Jonas, Adelphi, Maryland, for Petitioner. Rod J.
Rosenstein, United States Attorney, Kristine L. Sendek-Smith,
Assistant United States Attorney, Baltimore, Maryland, for
Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
H. Mariam Younathan Getachew, a native and citizen of
Ethiopia, petitions for review of an order of the Board of
Immigration Appeals affirming, without opinion, the immigration
judge’s denial of his requests for asylum, withholding of removal,
and protection under the Convention Against Torture.
In his petition for review, Getachew challenges the
immigration judge’s determination that he failed to establish his
eligibility 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 Getachew fails to
show that the evidence compels a contrary result. Accordingly, we
cannot grant the relief that he seeks.
Additionally, we uphold the denial of Getachew’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 Getachew fails to show that
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he is eligible for asylum, he cannot meet the higher standard for
withholding of removal.
We also find that substantial evidence supports the
finding that Getachew 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) (2005). We find that Getachew
failed to make the requisite showing before the immigration court.
Accordingly, we deny the petition for review. We also
deny Getachew’s pending motion for remand. 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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