UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-2048
ERIC NTORE,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: May 21, 2009 Decided: June 18, 2009
Before WILKINSON, MICHAEL, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
David C. Bennion, NATIONALITIES SERVICE CENTER, Philadelphia,
Pennsylvania, for Petitioner. Michael F. Hertz, Acting
Assistant Attorney General, William C. Peachey, Assistant
Director, Mona Maria Yousif, Office of Immigration Litigation,
UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for
Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Eric Ntore, a native and citizen of Burundi, petitions
for review of an order of the Board of Immigration Appeals
dismissing his appeal from the immigration judge’s denial of his
requests for asylum, withholding of removal, and protection
under the Convention Against Torture.
Before this court, Ntore challenges the determination
that he failed to establish his 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 Ntore fails to show that the evidence
compels a contrary result. Accordingly, we cannot grant the
relief that he seeks.
Additionally, we uphold the denial of Ntore’s request
for withholding of removal. “Because the burden of proof for
withholding of removal is higher than for asylum--even though
the facts that must be proved are the same--an applicant who is
ineligible for asylum is necessarily ineligible for withholding
of removal under [8 U.S.C.] § 1231(b)(3).” Camara v. Ashcroft,
378 F.3d 361, 367 (4th Cir. 2004). Because Ntore failed to show
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that he is eligible for asylum, he cannot meet the higher
standard for withholding of removal.
We also find that substantial evidence supports the
finding that Ntore failed to meet the standard for relief under
the Convention Against Torture. To obtain such relief, an
applicant must establish that “it is more likely than not that
he or she would be tortured if removed to the proposed country
of removal.” 8 C.F.R. § 1208.16(c)(2) (2009). We find that
Ntore failed to make the requisite showing before the
immigration court.
Accordingly, we deny the petition for review. Given
this disposition, we deny the pending motion for stay of removal
as moot. 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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