UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-2119
HENOK HABTEMICHAEL-SHIFERAW,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: April 28, 2009 Decided: May 26, 2009
Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Aragaw Mehari, Washington, D.C., for Petitioner. Michael F.
Hertz, Acting Assistant Attorney General, Daniel E. Goldman,
Senior Litigation Counsel, Paul T. Cygnarowicz, OFFICE OF
IMMIGRATION LITIGATION, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Henok Habtemichael-Shiferaw, a native and citizen of
Ethiopia, petitions for review of an order of the Board of
Immigration Appeals affirming the Immigration Judge’s denial of
his applications for relief from removal.
Habtemichael-Shiferaw challenges the determination
that he failed to establish 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 Habtemichael-Shiferaw fails to show that the
evidence compels a contrary result. Having failed to qualify
for asylum, he cannot meet the more stringent standard 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).
Finally, we uphold the finding below that Habtemichael-Shiferaw
failed to demonstrate that it is more likely than not that he
would be tortured if removed to Ethiopia. 8 C.F.R.
§ 1208.16(c)(2) (2008).
Accordingly, we deny the petition for review. We
dispense with oral argument because the facts and legal
2
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
PETITION DENIED
3