Susanto v. Gonzales, No. 05-2374 (4th Cir. 2006)

Annotate this Case

Download PDF

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-2374 ANTHONIUS SUSANTO, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A97-195-320) Submitted: July 17, 2006 Decided: July 26, 2006 Before WILKINSON and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Howard T. Mei, LAW OFFICES OF HOWARD T. MEI, Bethesda, Maryland, for Petitioner. Peter D. Keisler, Assistant Attorney General, M. Jocelyn Lopez Wright, Assistant Director, Michele Y. F. Sarko, Office of Immigration Litigation, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Anthonius Susanto, a native and citizen of Indonesia, petitions for review of an order of the Board of Immigration Appeals (Board) affirming the immigration judge s denial of his requests for asylum, withholding of removal, and protection under the Convention Against Torture.* Susanto challenges the immigration judge s determination that he failed to establish eligibility for asylum. To obtain reversal of an adverse eligibility determination, 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. INS v. Elias-Zacarias, 502 U.S. 478, 483-84 (1992). We have reviewed the evidence of record and conclude that Susanto fails to show that the evidence compels a contrary result. Accordingly, we cannot grant the relief he seeks. Similarly, as Susanto does not qualify for asylum, he is also ineligible for withholding of removal. Ashcroft, 378 F.3d 361, 367 (4th Cir. 2004). See Camara v. 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 * Susanto does not challenge the Board s denial of his application for protection under the Convention Against Torture. Therefore, this claim is abandoned. See Edwards v. City of Goldsboro, 178 F.3d 231, 241 n.6 (4th Cir. 1999). - 2 - is ineligible for asylum is necessarily ineligible for withholding of removal under [8 U.S.C.] § 1231(b)(3). Id. 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 -

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.