UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-2028
XZU YING CHEN,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: November 4, 2009 Decided: November 12, 2009
Before GREGORY and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Xzu Ying Chen, Petitioner Pro Se. Paul Thomas Cygnarowicz, Theo
Nickerson, Tyrone Sojourner, William Charles Peachey, UNITED
STATES DEPARTMENT OF JUSTICE, Office of Immigration Litigation,
Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Xzu Ying Chen, a native and citizen of China,
petitions for review of an order of the Board of Immigration
Appeals affirming the Immigration Judge’s denial of her
applications for relief from removal.
Chen challenges the determination that she 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 Chen fails to show that the evidence compels a contrary
result. Having failed to qualify for asylum, Chen 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 Chen 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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