Richard Ade v. Eric Holder, Jr., No. 08-2305 (4th Cir. 2010)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-2305 RICHARD NGUTI ADE, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: April 16, 2010 Decided: May 5, 2010 Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Kell Enow, ENOW & ASSOCIATES IMMIGRATION PRACTICE, Marietta, Georgia, for Petitioner. Tony West, Assistant Attorney General, Ernesto H. Molina, Jr., Assistant Director, Jeffery R. Leist, 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 Unpublished opinions are not binding precedent in this circuit.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: Richard Nguti Ade, a native and citizen of Cameroon, petitions for review of an order of the Board of Immigration Appeals dismissing his appeal from the immigration judge s denial of his requests for asylum, withholding of removal, and protection under the Convention Against Torture. Ade first challenges the determination that he failed to establish his eligibility for asylum. 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. (1992). INS v. Elias-Zacarias, 502 U.S. 478, 483-84 We have reviewed the evidence of record and conclude that Ade fails to show that the evidence compels a contrary result. We therefore find that substantial evidence supports the denial of relief. Additionally, we uphold the denial of Ade 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). 378 F.3d 361, 367 (4th Cir. 2004). 2 Camara v. Ashcroft, Because Ade failed to show that he is eligible for asylum, he cannot meet the higher standard for withholding of removal. Finally, we find that substantial evidence supports the finding that Ade 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. failed to 8 C.F.R. § 1208.16(c)(2) (2009). make the requisite showing We find that Ade before the immigration court. Accordingly, dispense with oral we deny argument the petition because the for facts review. and We 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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