Bola Soliman v. Eric Holder, Jr., No. 09-1943 (4th Cir. 2010)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1943 BOLA KAMEL SHAHAT SOLIMAN, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: March 11, 2010 Decided: April 13, 2010 Before WILKINSON, GREGORY, and DAVIS, Circuit Judges. Petition denied by unpublished per curiam opinion. Samy Beshay, New York, New York, for Petitioner. Tony West, Assistant Attorney General, Keith I. McManus, Senior Litigation Counsel, Kimberly A. Burdge, 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 Unpublished opinions are not binding precedent in this circuit.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: Bola Kamel Shahat Soliman, a native of Nigeria and a citizen of Egypt, petitions for review of an order of the Board of Immigration Appeals ( Board ) dismissing his appeal from the immigration judge s order denying his applications for asylum, withholding of removal Against Torture ( CAT ). and withholding under the Convention We deny the petition for review. The Immigration and Nationality Act ( INA ) authorizes the Attorney General to confer asylum on any refugee. § 1158(a), (b) (2006). It defines a refugee as 8 U.S.C. a person unwilling or unable to return to his native country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Persecution involves the 8 U.S.C. § 1101(a)(42)(A) (2006). infliction or threat of death, torture, or injury to one s person or freedom, on account of one of the enumerated grounds[.] Li v. Gonzales, 405 F.3d 171, 177 (4th quotation Cir. omitted). 2005) (internal marks and citations Persecution is the infliction of harm or suffering by the government, or persons the government is unwilling or unable to control, to overcome a characteristic of the victim. Khalili v. Holder, 557 F.3d 429, 436 (6th Cir. 2004) (internal quotation marks and citation omitted). 2 An alien bear[s] the burden of proving eligibility for asylum, Naizgi v. Gonzales, 455 F.3d 484, 486 (4th Cir. 2006); see 8 C.F.R. § 1208.13(a) (2009), and can establish refugee status based on past persecution in his native country on account of a protected ground. (2009). 8 C.F.R. § 1208.13(b)(1) An applicant who demonstrates that he was the subject of past persecution is presumed to have a well-founded fear of persecution. 2004). Ngarurih v. Ashcroft, 371 F.3d 182, 187 (4th Cir. Without establish ground. a regard to well-founded past fear of persecution, persecution an on alien a can protected Id. Withholding of removal is available under 8 U.S.C. § 1231(b)(3) if the alien shows that it is more likely than not that her life or freedom would be threatened in the country of removal because of her race, religion, nationality, membership in a particular social group, or political opinion. Gomis v. Holder, 571 F.3d 353, 359 (4th Cir. 2009) (internal quotation marks omitted), cert. denied, __ S. Ct. __, 2010 WL 58386 (U.S. Jan. 11, 2010) (No. 09-194). than that for discretionary, asylum if an . This is a more stringent standard . . alien . [and], while establishes eligibility withholding of removal, the grant is mandatory. Mickhou v. Gonzales, 445 F.3d 351, 353-54 (internal citations omitted) (alteration added). 3 asylum (4th is for GandziamiCir. 2006) A determination regarding eligibility for asylum or withholding of removal is affirmed if supported by substantial evidence on the record considered as a whole. Zacarias, 502 U.S. 478, 481 (1992). INS v. Elias- Administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to decide to the contrary. (2006). 8 U.S.C. § 1252(b)(4)(B) This court will reverse the Board only if the evidence . . . presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution. Elias- Zacarias, 502 U.S. at 483-84; see Rusu v. INS, 296 F.3d 316, 325 n.14 (4th Cir. 2002). Because the Board added its own reasoning when it adopted the immigration judge s decision, this court will review both decisions. Niang v. Gonzales, 492 F.3d 505, 511 n.8 (4th Cir. 2007). We finding find that substantial Soliman evidence failed to show supports his the claim Board s of past persecution was as a result of the Egyptian government directing such persecution unwilling to or control persecuted him. because the those government persons was Soliman unable claimed or had We also find substantial evidence supports the finding that Soliman did not establish a well-founded fear of persecution. We further find Soliman 4 did not challenge the finding that he could escape the persecution by relocating within Egypt. * Because the record does not compel a different result, 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 * Soliman does not challenge the denial of relief under the CAT. As such, the claim is abandoned. See Yousefi v. INS, 260 F.3d 318, 326 (4th Cir. 2001). 5
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