Yiferu v. Gonzales

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-1709 BOGALECH DRESSEI YIFERU, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A97-930-372) Submitted: October 31, 2006 Decided: January 10, 2007 Before MOTZ, TRAXLER, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Bogalech Dressei Yiferu, Petitioner Pro Se. M. Jocelyn Lopez Wright, Daniel Eric Goldman, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Bogalech Dressei Yiferu, 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 (IJ) denial of 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 Yiferu fails to show that the evidence compels a contrary result. Having failed to qualify for asylum, Yiferu 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 Yiferu failed to establish that it was more likely than not that she would be tortured if removed to Ethiopia. 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 - 2 -