Akenji v. Gonzales, No. 05-1918 (4th Cir. 2006)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-1918 ERIC AWA AKENJI, Petitioner, versus ALBERTO R. GONZALES, Attorney General of the United States, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A96-291-119) Submitted: June 21, 2006 Decided: July 24, 2006 Before MICHAEL, SHEDD, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Patrick G. Tzeuton, Silver Spring, Maryland, for Petitioner. Rod J. Rosenstein, United States Attorney, Tonya K. Kowitz, Assistant United States Attorney, Baltimore, Maryland, for Respondent. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Eric Awa Akenji, a native and citizen of Cameroon, petitions for review of an order of the Board of Immigration Appeals ( Board ) affirming without opinion the immigration judge s order denying his application for asylum, withholding of removal, and protection under the Convention Against Torture. To obtain reversal of a determination denying 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. 478, 483-84 (1992). INS v. Elias-Zacarias, 502 U.S. We have reviewed the evidence of record and conclude that Akenji fails to show that the evidence compels a contrary result. Accordingly, we cannot grant the relief that he seeks. Additionally, we uphold the immigration judge s denial of Akenji 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). Camara v. Ashcroft, 378 F.3d 361, 367 (4th Cir. 2004). Because Akenji fails to show that he is eligible for asylum, he cannot meet the higher standard for withholding of removal. - 2 - We also find that Akenji fails 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. 8 C.F.R. § 1208.16(c)(2) (2004). We find that Akenji fails to make the requisite showing. Accordingly, we 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 - 3 -
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