UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1797
SEKOU SYLLA,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A97-188-459)
Submitted: March 29, 2006 Decided: April 28, 2006
Before NIEMEYER, LUTTIG, and MICHAEL, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Randall L. Johnson, JOHNSON & ASSOCIATES, P.C., for Petitioner.
Peter D. Keisler, Assistant Attorney General, Leslie McKay, Senior
Litigation Counsel, Sam E. Taylor, Jr., Special Trial Attorney,
Office of Immigration Litigation, Civil Division, 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Unpublished opinions are not binding precedent in this circuit.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:
Sekou Sylla, a native and citizen of the Ivory Coast,
petitions for review of an order of the Board of Immigration
Appeals (Board) adopting and affirming 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, Sylla challenges the Board’s
determination that he failed to establish eligibility for asylum.
To obtain reversal of such 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 Sylla fails to show that the evidence compels a
contrary result. Accordingly, we cannot grant the relief that he
seeks.
Sylla also challenges the Board’s denial of his motion to
remand. We review the Board’s decision to deny a motion to remand
for abuse of discretion. Obioha v. Gonzales, 431 F.3d 400, 408
(4th Cir. 2005). In view of the specific statutory language
limiting a Visa Waiver Program participant’s ability to apply for
*
As Sylla’s brief raised no claims concerning the denial of
withholding of removal or protection under the Convention Against
Torture, any such claims are waived. Edwards v. City of Goldsboro,
178 F.3d 231, 241 n.6 (4th Cir. 1999).
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any relief but asylum, 8 U.S.C. § 1187(b) (2000), we conclude that
the Board did not abuse its discretion in denying Sylla’s motion to
remand so that he could pursue adjustment of status.
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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