UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1166
WILVER TORRES,
Petitioner,
versus
ALBERTO R. GONZALES, U.S. Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A73-039-440)
Submitted: September 27, 2006 Decided: November 13, 2006
Before MOTZ, KING, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Ronald D. Richey, LAW OFFICE OF RONALD D. RICHEY, Rockville,
Maryland, for Petitioner. Rod J. Rosenstein, United States
Attorney, Allen F. Loucks, Assistant United States Attorney,
Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Wilver Torres, a native and citizen of Guatemala,
petitions for review of an order of the Board of Immigration
Appeals adopting and affirming the Immigration Judge’s (IJ) denial
of his 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 Torres fails to show that the evidence compels a
contrary result. Having failed to qualify for asylum, Torres
cannot meet the higher standard to qualify for withholding of
removal. Chen v. INS, 195 F.3d 198, 205 (4th Cir. 1999); INS v.
Cardoza-Fonseca, 480 U.S. 421, 430 (1987). In addition, we uphold
the IJ’s finding that Torres failed to establish that it was more
likely than not that he would be tortured if removed to Guatemala.
See 8 C.F.R. § 1208.16(c)(2) (2006).
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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