UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-2269
YOU RUI LU,
Petitioner,
v.
ERIC H. HOLDER, JR.,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: June 3, 2009 Decided: August 25, 2009
Before WILKINSON, MICHAEL, and MOTZ, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Michael Brown, New York, New York, for Petitioner. Michael F.
Hertz, Acting Assistant Attorney General, Carl H. McIntyre, Jr.,
Assistant Director, Francis W. Fraser, Senior Litigation
Counsel, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
You Rui Lu, a native and citizen of China, petitions
for review of an order of the Board of Immigration Appeals
adopting and affirming the Immigration Judge’s denial of his
applications for relief from removal.
Lu 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 Lu fails to show that the evidence compels a contrary
result. Having failed to qualify for asylum, Lu 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 Lu did not demonstrate eligibility for protection under the
Convention Against Torture. See 8 C.F.R. § 1208.16(c)(2), (3)
(2009).
Accordingly, we deny the petition for review. We
dispense with oral argument because the facts and legal
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contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
PETITION DENIED
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