Suprihatin v. Gonzales

U.S. Court of Appeals for the Fourth Circuit
Suprihatin v. Gonzales, 122 F. App'x 666 (4th Cir. 2005)

Suprihatin v. Gonzales

Opinion

PER CURIAM:

Susi Suprihatin, * a native and citizen of Indonesia, petitions for review of an order of the Board of Immigration Appeals adopting and affirming the Immigration Judge’s denial of her application for asylum and withholding of removal. 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.” INS v. Elias-Zacanas, 502 U.S. 478, 483-84, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). We have reviewed the evidence of record and conclude that Suprihatin fails to show that the evidence compels a contrary result. Having failed to qualify for asylum, Suprihatin cannot meet the higher standard to qualify for withholding of removal. Chen v. INS, 195 F.3d 198, 205 (4th Cir. 1999); INS v. Cardoza-Fonseca, 480 U.S. 421, 430, 107 S.Ct. 1207, 94 L.Ed.2d 434 (1987).

Accordingly, 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

*

Suprihatin’s application includes her husband, Fnu Gunawan.

Reference

Full Case Name
Susi SUPRIHATIN; Fnu Gunawan, Petitioners, v. Alberto R. GONZALES, Attorney General, Respondent
Status
Unpublished