Hong Cao v. Eric Holder, Jr., No. 12-2381 (4th Cir. 2013)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-2381 HONG QING CAO, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: March 28, 2013 Decided: April 9, 2013 Before DAVIS, KEENAN, and THACKER, Circuit Judges. Petition denied by unpublished per curiam opinion. Guang Jun Gao, LAW OFFICES OF GUANG JUN GAO, Flushing, New York, for Petitioner. Stuart F. Delery, Principal Deputy Assistant Attorney General, John S. Hogan, Senior Litigation Counsel, Robbin K. Blaya, 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 Unpublished opinions are not binding precedent in this circuit.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: Hong Qing Cao, a native and citizen of the People s Republic of China, petitions for review of an order of the Board of Immigration Appeals ( Board ) dismissing her appeal from the immigration judge s decision denying her requests for asylum, withholding of removal, and protection under the Convention for asylum Against Torture. A determination regarding eligibility 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, including findings on credibility, are conclusive unless any reasonable adjudicator would be compelled to decide to the contrary. reviewed [Board] s 8 U.S.C. § 1252(b)(4)(B) (2006). de novo, affording interpretation of appropriate the Legal issues are deference [Immigration and to the Nationality Act] 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 persecution. Elias-Zacarias, 502 U.S. at 483-84; see Rusu v. INS, 296 F.3d 316, 325 n.14 (4th Cir. 2002). Furthermore, [t]he agency decision that an alien is not eligible for asylum is conclusive unless manifestly contrary to 2 the law and an abuse of discretion. Marynenka v. Holder, 592 F.3d 594, 600 (4th Cir. 2010) (quoting 8 U.S.C. § 1252(b)(4)(D) (2006)). We have reviewed the evidence of record and conclude that substantial evidence supports the agency s finding that Cao failed to meet her burden of establishing that her experiences with the police in China constituted either past persecution or a well-founded protected fear ground. of We future persecution therefore uphold on the account denial of of a Cao s requests for asylum and withholding of removal. See Camara v. Ashcroft, ( Because 378 F.3d 361, 367 (4th Cir. 2004). 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 ineligible who for is ineligible withholding of for asylum removal is under necessarily [8 U.S.C.] § 1231(b)(3). ). Finally, to qualify for protection under the Convention Against Torture, a petitioner bears the burden of proof of showing it is more likely than not that he or she would be removal. tortured if removed to the proposed 8 C.F.R. § 1208.16(c)(2) (2012). country of To state a prima facie case for relief, the petitioner must show that he or she will be subject to severe pain or suffering, whether physical or mental . . . by or at the instigation of or with the consent 3 or acquiescence of a public official or other person acting in an official capacity. 8 C.F.R. § 1208.18(a)(1) (2012); see Saintha v. Mukasey, 516 F.3d 243, 246 & n.2 (4th Cir. 2008). Based on our review of the record, we conclude that substantial evidence supports the denial of Cao s request for relief. See Dankam v. Gonzales, 495 F.3d 113, 124 (4th Cir. 2007) (setting forth standard mistreatment of that review). Cao As described found clearly by did the not Board, rise the to the level of torture, and there is nothing in the record to suggest that it is more likely than not that she will be tortured by or with the acquiescence of the Chinese government upon her return. Accordingly, dispense with contentions are oral we deny argument adequately the petition because presented in the the for facts review. We and legal materials before this court and argument would not aid the decisional process. PETITION DENIED 4
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