Jeanne Tonga v. Michael Mukasey, No. 08-1261 (4th Cir. 2008)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1261 JEANNE D ARC TOUDJE TONGA, Petitioner, v. MICHAEL B. MUKASEY, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: November 19, 2008 Decided: December 4, 2008 Before MICHAEL and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Ana T. Jacobs, ANA T. JACOBS & ASSOCIATES, P.C., Washington, D.C., for Petitioner. Gregory G. Katsas, Assistant Attorney General, Michelle Gorden Latour, Assistant Director, Jamie M. Dowd, 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 Unpublished opinions are not binding precedent in this circuit.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: Jeanne D Arc Toudje Tonga ( Toudje Tonga ), a native and citizen of Cameroon, petitions for review of an order of the Board of Immigration immigration withholding of dismissing denial judge s Appeals of removal, and her her appeal requests protection under from for the the asylum, Convention Against Torture. Toudje Tonga first challenges the determination that she failed to establish her eligibility for asylum. To 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). conclude that INS v. Elias-Zacarias, 502 U.S. We have reviewed the evidence of record and Toudje Tonga compels a contrary result. fails to show that the evidence Accordingly, we cannot grant the relief that she seeks. Additionally, we uphold the denial of Toudje Tonga 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 withholding of for removal asylum is under necessarily [8 U.S.C.] ineligible § 1231(b)(3). Camara v. Ashcroft, 378 F.3d 361, 367 (4th Cir. 2004). 2 for Because Toudje Tonga failed to show that she is eligible for asylum, she cannot meet the higher standard for withholding of removal. We also find that substantial evidence supports the finding that Toudje Tonga 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. 8 C.F.R. § 1208.16(c)(2) (2008). We find that Toudje Tonga failed to make the requisite showing before the immigration court. Accordingly, we deny the petition for review. * dispense with oral argument because the facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED * We specifically find that the immigration judge properly analyzed Toudje Tonga s claims as required by our decision in Camara. See Camara, 378 F.3d at 370-72. 3
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