Atsede Oqubaegzi v. Eric Holder, Jr., No. 08-1562 (4th Cir. 2009)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1562 ATSEDE MICHAEL OQUBAEGZI, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: March 25, 2009 Decided: April 10, 2009 Before WILKINSON and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Fitsum Alemu, Arlington, Virginia, for Petitioner. Michael F. Hertz, Acting Assistant Attorney General, Richard M. Evans, Assistant Director, Kevin J. Conway, 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 Unpublished opinions are not binding precedent in this circuit.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: Atsede Ethiopia, Michael petitions Immigration immigration withholding Appeals for review ( Board ) judge s of Oqubaegzi, and of native an order dismissing denial removal, a of her and of her the under of from for the of Board appeal requests protection citizen the asylum, Convention Against Torture. Before this court, Oqubaegzi 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. Elias-Zacarias, 502 U.S. 478, 483-84 (1992). INS v. We have reviewed the evidence of record and conclude that Oqubaegzi fails to show that the evidence compels a contrary result. Accordingly, we cannot grant the relief that she seeks. Additionally, request for we withholding uphold of the removal. denial of Because Oqubaegzi 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 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 Oqubaegzi 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 Oqubaegzi 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. Oqubaegzi 8 C.F.R. § 1208.16(c)(2) (2008). failed to make the requisite We find that showing before the review. We immigration court. Accordingly, dispense with oral we deny argument the petition because the for 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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