U.S. Court of Appeals for the Fourth Circuit, 2005

Tsobgny v. Gonzales

Tsobgny v. Gonzales
U.S. Court of Appeals for the Fourth Circuit · Decided April 4, 2005 · Niemeyer, Michael, Motz
124 F. App'x 814

Tsobgny v. Gonzales

Opinion

PER CURIAM:

Alain Tsobgny, a native and citizen of Cameroon, petitions for review of an order of the Board of Immigration Appeals affirming without opinion the Immigration Judge’s (IJ) denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture.

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-Zacarias, 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 Tsobgny fails to show that the evidence compels a contrary result. Having failed to qualify for asylum, Tsobgny 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). Finally, we uphold the IJ’s finding that Tsobgny failed to establish that it was more likely than not that he would be tortured if removed to Cameroon. See 8 C.F.R. § 1208.16(c)(2) (2004).

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.