UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1370
MESSAY TESFAYE TESEMA,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: October 10, 2012 Decided: November 8, 2012
Before NIEMEYER and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Jason A. Dzubow, DZUBOW, SARAPU & PILCHER, PLLC, Washington,
D.C., for Petitioner. Stuart F. Delery, Acting Assistant
Attorney General, Leslie McKay, Assistant Director, Kelly J.
Walls, Trial Attorney, 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Unpublished opinions are not binding precedent in this circuit.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:
Messay Tesfaye Tesema, a native and citizen of
Ethiopia, petitions for review of an order of the Board of
Immigration Appeals (“Board”) dismissing his appeal from the
immigration judge’s denial of his requests for asylum,
withholding of removal, and protection under the Convention
Against Torture. For the reasons set forth below, we deny the
petition for review.
A determination regarding eligibility for asylum or
withholding of removal is affirmed if supported by substantial
evidence on the record considered as a whole. INS v. Elias-
Zacarias, 502 U.S. 478, 481 (1992). Administrative findings of
fact, including findings on credibility, are conclusive unless
any reasonable adjudicator would be compelled to decide to the
contrary. 8 U.S.C. § 1252(b)(4)(B) (2006). Legal issues are
reviewed de novo, “affording appropriate deference to the
[Board]’s interpretation of the [Immigration and Nationality
Act] and any attendant regulations.” Li Fang Lin v. Mukasey,
517 F.3d 685, 691-92 (4th Cir. 2008). This court will reverse
the Board only if “the evidence . . . presented was so
compelling that no reasonable factfinder could fail to find the
requisite fear of persecution.” Elias-Zacarias, 502 U.S. at
483-84; see Rusu v. INS, 296 F.3d 316, 325 n.14 (4th Cir. 2002).
Furthermore, “[t]he agency decision that an alien is not
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eligible for asylum is ‘conclusive unless manifestly contrary to
the law and an abuse of discretion.’” Marynenka v. Holder, 592
F.3d 594, 600 (4th Cir. 2010) (quoting 8 U.S.C. § 1252(b)(4)(D)
(2006)).
We have reviewed the evidence of record and conclude
that substantial evidence supports the finding that Tesema
failed to establish either past persecution or a well-founded
fear of future persecution on account of a protected ground.
See 8 U.S.C. § 1158(b)(1)(B)(i) (2006) (providing that an asylum
applicant must establish that the protected ground asserted “was
or will be at least one central reason for persecuting the
applicant”). We therefore uphold the denial of Tesema’s
requests for asylum and withholding of removal. See Camara v.
Ashcroft, 378 F.3d 361, 367 (4th Cir. 2004) (“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).”).
Additionally, Tesema challenges the denial of his
request for protection under the Convention Against Torture. To
qualify for such protection, a petitioner bears the burden of
proof of showing “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) (2012). Based on our review
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of the record, we conclude that substantial evidence supports
the denial of his request for relief. See Dankam v. Gonzales,
495 F.3d 113, 124 (4th Cir. 2007) (setting forth standard of
review).
We therefore 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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