Wen Lin v. Eric Holder, Jr., No. 13-1255 (4th Cir. 2013)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1255 WEN LIN, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: August 13, 2013 Decided: August 30, 2013 Before NIEMEYER, FLOYD, and THACKER, Circuit Judges. Petition denied by unpublished per curiam opinion. Zhiyuan Qian, LAW OFFICES OF GERALD KARIKARI, P.C., New York, New York, for Petitioner. Stuart F. Delery, Acting Assistant Attorney General, Jennifer J. Keeney, Imran R. Zaidi, 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 Unpublished opinions are not binding precedent in this circuit.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: Wen Lin, a native and citizen of the People s Republic of China, petitions for review of an order of the Board of Immigration Appeals immigration judge s withholding of Against Torture. ( Board ) dismissing denial removal, and of her her appeal requests protection under from for the the asylum, Convention For the reasons set forth below, we deny the petition for review. 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, 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 2 that an alien is not eligible for asylum is conclusive unless manifestly contrary to 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 finding. We sufficient evidence further conclude independent notwithstanding the supports that evidence adverse the Lin of adverse credibility failed past credibility to present persecution, determination, as discussed in Camara v. Ashcroft, 378 F.3d 361, 370 (4th Cir. 2004). We therefore uphold the denial of Lin s requests for asylum and withholding of removal. See id. at 367 ( 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 ineligible for who is ineligible withholding of for asylum removal is under necessarily [8 U.S.C.] § 1231(b)(3). ). Additionally, Lin challenges the denial of her request for protection under the Convention Against Torture. To qualify for such protection, a petitioner bears the burden of proof of showing it is more likely than not that he or she would be tortured if removed to the proposed country of removal. C.F.R. record, § 1208.16(c)(2) we conclude (2013). that Based substantial 3 on our evidence review 8 of the supports the denial of relief. See Dankam v. Gonzales, 495 F.3d 113, 124 (4th Cir. 2007) (setting forth standard of review). 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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