Chai Cheung v. Eric Holder, Jr., No. 12-2037 (4th Cir. 2013)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-2037 CHAI BANG CHEUNG, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: March 19, 2013 Decided: April 18, 2013 Before WILKINSON, DIAZ, and FLOYD, Circuit Judges. Petition denied by unpublished per curiam opinion. Gary J. Yerman, New York, New York, for Petitioner. Stuart F. Delery, Principal Deputy Assistant Attorney General, Richard M. Evans, Assistant Director, Nancy E. Friedman, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for respondent. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Chai Bang Cheung, a native and citizen of the People s Republic of China, petitions for review of an order of the Board of Immigration Immigration Appeals Judge s (Board) decision dismissing denying his appeal relief from of the removal. Cheung first disputes the finding that he failed to qualify for asylum, contending that he demonstrated past persecution and asserting that the Board erred in concluding that he failed to demonstrate a well-founded fear of forced sterilization or an excessive fine if he returns to China with his three United States citizen children. A determination regarding eligibility for asylum or withholding of removal is affirmed if supported by substantial evidence on the Elias-Zacarias, findings of record 502 fact, considered U.S. 478, including 481 as a whole. (1992). findings on INS v. Administrative credibility, are conclusive unless any reasonable adjudicator would be compelled to decide to the contrary. 8 U.S.C. § 1252(b)(4)(B) (2006). Legal de issues deference to are reviewed the BIA s novo, interpretation affording of the appropriate INA and any attendant regulations. Li Fang Lin v. Mukasey, 517 F.3d 685, 691-92 (4th Cir. 2008). 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 2 persecution. Elias-Zacarias, 502 U.S. at 483-84; see Rusu v. INS, 296 F.3d 316, 325 n.14 (4th Cir. 2002). We have reviewed the evidence of record and conclude that substantial evidence supports the agency s finding that Cheung failed to meet his burden of establishing a well-founded fear of persecution. We therefore uphold the denial of Cheung s requests for asylum and withholding of removal. See Camera v. Ashcroft, 378 F.3d 361, 367 (4th Cir. 2004) ( 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). ). Finally, Cheung challenges the denial of his application for protection under the Convention Against Torture (CAT). To qualify for this relief, a petitioner bears the burden of demonstrating 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) (2012). We have reviewed the evidence of record and conclude that substantial evidence supports the agency s denial of CAT protection. Accordingly, dispense with oral we deny argument the petition because 3 the for facts review. and We legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. PETITION DENIED 4
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