Yong Wu v. Eric Holder, Jr., No. 08-2240 (4th Cir. 2009)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-2240 YONG HUAN WU, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: June 30, 2009 Decided: July 16, 2009 Before WILKINSON, MICHAEL, and MOTZ, Circuit Judges. Petition denied by unpublished per curiam opinion. Khagendra Gharti-Chhetry, CHHETRY & ASSOCIATES, P.C., New York, New York, for Petitioner. Tony West, Assistant Attorney General, Daniel E. Goldman, Senior Litigation Counsel, Jonathan Robbins, 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 Unpublished opinions are not binding precedent in this circuit.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: Yong Huan Wu, a native and citizen of the People s Republic of China, petitions for review of an order of the Board of Immigration immigration withholding Appeals judge s of dismissing denial removal, of and his his appeal requests protection under from for the the asylum, Convention Against Torture. Before this court, Wu challenges the determination that he failed to establish his eligibility for asylum. obtain reversal of a determination denying To 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. U.S. 478, 483-84 (1992). We have INS v. Elias-Zacarias, 502 reviewed the evidence of record and conclude that Wu fails to show that the evidence compels a contrary result. Accordingly, we find that substantial evidence supports the denial of asylum relief. Additionally, we uphold the denial of Wu s request for withholding of removal. 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). 378 F.3d 361, 367 (4th Cir. 2004). 2 Camara v. Ashcroft, Because Wu failed to show that he is eligible for asylum, he cannot meet the higher standard for withholding of removal. We also find that substantial evidence supports the finding that Wu failed to meet the standard for relief under the Convention Against Torture. To obtain such relief, an applicant must establish that it is more likely than not that he or she would be tortured if removed to the proposed removal. 8 C.F.R. § 1208.16(c)(2) (2009). failed make to the requisite showing country of We find that Wu before the immigration court. Accordingly, dispense with oral we deny argument the petition because the for facts review. and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED 3
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