Vastie Marcelin v. Eric Holder, Jr., No. 09-2318 (4th Cir. 2010)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-2318 VASTIE MARCELIN, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. No. 10-1261 VASTIE MARCELIN, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petitions for Review of Orders of the Board of Immigration Appeals. Submitted: July 28, 2010 Decided: September 2, 2010 Before NIEMEYER and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petitions denied by unpublished per curiam opinion. Randall L. Johnson, JOHNSON & ASSOCIATES, P.C., Arlington, Virginia, for Petitioner. Tony West, Assistant Attorney General, Daniel E. Goldman, Senior Litigation Counsel, Jem C. Sponzo, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: In native and these consolidated citizen of Haiti, appeals, petitions Vastie for Marcelin, review separate orders of the Board of Immigration Appeals: of a two (1) Case No. 09-2318, dismissing her appeal from the immigration judge s denial of her requests for asylum, withholding of removal, and protection under the Convention Against Torture; and (2) Case No. 10-1261, denying her motion to reconsider. In Case No. 09-2318, Marcelin first challenges the determination that she failed to establish her eligibility for asylum and adequate argues that corroboration she in presented support of credible her evidence claims. To and 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 requisite fear of persecution. 478, 483-84 (1992). INS v. Elias-Zacarias, 502 U.S. We have reviewed the evidence of record and conclude that Marcelin fails to show that the evidence compels a contrary result. We therefore find that substantial evidence supports the denial of relief. Additionally, request for withholding we of uphold the removal. denial Because of Marcelin s 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 3 applicant who is ineligible for asylum is necessarily ineligible for withholding of removal under [8 U.S.C.] § 1231(b)(3). Camara v. Ashcroft, 378 F.3d 361, 367 (4th Cir. 2004). Because Marcelin failed to show that she is eligible for asylum, she cannot meet the higher standard for withholding of removal. We also conclude that substantial evidence supports the finding that Marcelin 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 country of removal. review, we 8 C.F.R. § 1208.16(c)(2) (2010). agree that Marcelin failed to Based on our present sufficient independent evidence to suggest that she will more likely than not be tortured government. by or with the acquiescence of the Haitian Accordingly, we deny the petition for review in Case No. 09-2318. In Case No. 10-1261, Marcelin contends that the Board abused its discretion in denying her motion to reconsider. We have reviewed the administrative record and find no abuse of discretion. See 8 C.F.R. § 1003.2(a) (2010). We therefore deny the petition for review for the reasons stated by the Board. In re: Marcelin (B.I.A. Feb. 5, 2010). Accordingly, we deny both petitions for review. dispense with oral argument because 4 the facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. PETITIONS DENIED 5
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