UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-2026
SYLVIE NYATO,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: August 27, 2009 Decided: September 16, 2009
Before MOTZ, KING, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Peter Nyoh, PETER NYOH AND ASSOCIATES, Silver Spring, Maryland,
for Petitioner. Michael F. Hertz, Acting Assistant Attorney
General, M. Jocelyn Lopez Wright, Jessica Segall, OFFICE OF
IMMIGRATION LITIGATION, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Sylvie Nyato, a native and citizen of Cameroon, seeks
review of an order of the Board of Immigration Appeals (“Board”)
dismissing her appeal from the Immigration Judge’s (“IJ”) denial
of her application for asylum, withholding of removal, and
protection under the Convention Against Torture. Nyato
challenges the IJ’s adverse credibility finding, as affirmed by
the Board. For the reasons set forth below, we deny the
petition for review.
We will uphold an adverse credibility determination if
it is supported by substantial evidence, see Tewabe v. Gonzales,
446 F.3d 533, 538 (4th Cir. 2006), and reverse the Board’s
decision only if the evidence “was so compelling that no
reasonable fact finder could fail to find the requisite fear of
persecution.” Rusu v. INS, 296 F.3d 316, 325 n.14 (4th Cir.
2002) (internal quotations and citations omitted).
Having reviewed the administrative record and the
Board’s decision, we find that substantial evidence supports the
immigration judge’s adverse credibility finding, as affirmed by
the Board, and the ruling that Nyato failed to establish past
persecution or a well-founded fear of future persecution as
necessary to establish eligibility for asylum. See 8 U.S.C.
§ 1158(b)(1)(B)(i), (ii) (2006) (providing that the burden of
proof is on the alien to establish eligibility for asylum); 8
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C.F.R. § 1208.13(a) (2006) (same). Because the record does not
compel a different result, we will not disturb the Board’s
denial of Nyato’s application for asylum, withholding of
removal, and protection under the Convention Against Torture.
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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