Fequiere Chery v. Eric Holder, Jr., No. 09-2103 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-2103 FEQUIERE CHERY; MARIE CHERY; ANN ENIVE CHERY, GUIRLENE CHERY; ANDROT GUERLAIN Petitioners, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: September 16, 2010 Decided: November 1, 2010 Before WILKINSON, MOTZ, and SHEDD, Circuit Judges. Petition denied by unpublished per curiam opinion. Joseph M. Champagne, Jr., Toms River, New Jersey, for Petitioners. Tony West, Assistant Attorney General, Anthony W. Norwood, Senior Litigation Counsel, Kathryn L. DeAngelis, 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 Unpublished opinions are not binding precedent in this circuit.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: Fequiere Chery, and derivative beneficiaries Marie Guirlene Chery, Androt Guerlain Chery and Ann Enive Chery, all natives and citizens of Haiti, petition for review of an order of the Board of Immigration Appeals dismissing their appeal from the Immigration Judge s denial of Fequiere Chery s applications for relief from removal. Petitioners first challenge the determination that Fequiere Chery failed to establish eligibility for asylum. obtain reversal of a determination denying eligibility To 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, record 483-84 and (1992). conclude We that have INS v. Elias-Zacarias, 502 reviewed Petitioners fail the to evidence show that of the evidence compels a contrary result. Having cannot meet removal. the failed more to qualify stringent for standard asylum, for Petitioners withholding of Chen v. INS, 195 F.3d 198, 205 (4th Cir. 1999); INS v. Cardoza-Fonseca, 480 U.S. 421, 430 (1987). Next, we uphold the finding below that Petitioners failed to demonstrate that it is more likely than not that Fequiere Chery would be tortured if removed to Haiti. have considered 8 C.F.R. § 1208.16(c)(2) (2010). Petitioners claim 2 that Finally, we translation problems during the hearing amounted to a denial of due process, and conclude that such claim lacks merit. See Anim v. Mukasey, 535 F.3d 243, 256 (4th Cir. 2008). 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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