Francime v. Holder

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 08-2220

JEAN EMMANUEL FRANCIME,

Petitioner,

v.

ERIC H. HOLDER, JR., Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration
Appeals.

Submitted: May 19, 2009 Decided: June 5, 2009

Before TRAXLER, DUNCAN, and AGEE, Circuit Judges.

Petition denied by unpublished per curiam opinion.

John E. Gallagher, Catonsville, Maryland, for Petitioner.
Michael F. Hertz, Acting Assistant Attorney General, Mary Jane
Candaux, Assistant Director, Robbin K. Blaya, OFFICE OF
IMMIGRATION LITIGATION, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

Jean Emmanuel Francime, a native and citizen of Haiti,

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.

Francime 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 Francime fails to show that the evidence compels a contrary

result. Having failed to qualify for asylum, Francime 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).

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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