UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1346
AYE AYE PHYU,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: September 28, 2010 Decided: October 15, 2010
Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Aye Aye Phyu, Petitioner Pro Se. Melody A. Brukiewa, IMMIGRATION
AND NATURALIZATION SERVICE, Baltimore, Maryland; Kiley L. Kane,
Tyrone Sojourner, 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Unpublished opinions are not binding precedent in this circuit.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:
Aye Aye Phyu, a native and citizen of Burma, petitions
for review of an order of the Board of Immigration Appeals
dismissing her appeal from the Immigration Judge’s denial of her
applications for relief from removal.
Phyu first 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 Phyu fails to show that the evidence compels a contrary
result.
Having failed to qualify for asylum, Phyu 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 Phyu failed to demonstrate that it is more likely than not
that she would be tortured if removed to Burma. 8 C.F.R.
§ 1208.16(c)(2) (2010).
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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