Rana Abbas v. Eric Holder, Jr., No. 09-2066 (4th Cir. 2010)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-2066 RANA KHALIFA ELSAYED ABBAS, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted: June 28, 2010 Decided: July 8, 2010 Before GREGORY and DAVIS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. James A. Roberts, LAW OFFICE OF JAMES A. ROBERTS, Fairfax, Virginia, for Petitioner. Tony West, Assistant Attorney General, William C. Peachey, Assistant Director, Paul T. Cygnarowicz, 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 Unpublished opinions are not binding precedent in this circuit.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: Rana Khalifa Elsayed Abbas, a native and citizen of Sudan, petitions for review of an order of the Board of Immigration Appeals dismissing her appeal from the immigration judge s denial of her requests for asylum, withholding of removal, and protection under the Convention Against Torture. Abbas failed to first establish challenges her the eligibility determination for asylum. that To she obtain reversal of a determination denying eligibility for relief, an alien must show that the evidence [s]he presented was so compelling that no reasonable factfinder could fail to find the INS v. Elias-Zacarias, 502 U.S. requisite fear of persecution. 478, 483-84 (1992). We have reviewed the evidence of record and conclude that Abbas fails to show that the evidence compels a contrary result. We therefore find that substantial evidence supports the denial of relief. Additionally, we uphold the denial of Abbas 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.] ยง 1231(b)(3). 378 F.3d 361, 367 (4th Cir. 2004). 2 Camara v. Ashcroft, Because Abbas failed to show that she is eligible for asylum, she cannot meet the higher standard for withholding of removal. Accordingly, dispense with oral we deny argument the petition because the for review. facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED Abbas failed to challenge the denial of her request for protection under the Convention Against Torture. She has therefore waived appellate review of this claim. See Ngarurih v. Ashcroft, 371 F.3d 182, 189 n.7 (4th Cir. 2004) (finding that failure to raise a challenge in an opening brief results in abandonment of that challenge); Edwards v. City of Goldsboro, 178 F.3d 231, 241 n.6 (4th Cir. 1999) (same). 3
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