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

Lin v. Gonzales

Lin v. Gonzales
U.S. Court of Appeals for the Fourth Circuit · Decided May 18, 2005 · Niemeyer, Motz, Duncan
131 F. App'x 929

Lin v. Gonzales

Opinion

PER CURIAM:

Jing Ping Lin, a native and citizen of the People’s Republic of China, petitions for review of the Board of Immigration Appeals’ (Board) order denying him asylum, withholding of removal, and protection under the Convention Against Torture. *

We will reverse the Board only if the evidence “ Vas so compelling that no reasonable fact finder could fail to find the requisite fear of persecution.’” Rusu v. INS, 296 F.3d 316, 325 n. 14 (4th Cir. 2002) (quoting INS v. Elias-Zacarias, 502 U.S. 478, 483-84, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992)). Credibility determinations of the immigration judge (IJ) and Board are entitled to deference as long as they are supported by substantial evidence. See Figeroa v. INS, 886 F.2d 76, 78 (4th Cir. 1989). We have reviewed the evidence of record, the immigration judge’s decision, and the Board’s order, and we conclude that there is substantial evidence in the record to support the I J’s finding that Lin’s testimony was not credible. We further find substantial evidence supports the conclusion that Lin failed to establish the past persecution or well-founded fear of future persecution necessary to establish eligibility for asylum. See 8 C.F.R. § 1208.13(a) (2004) (stating that the burden of proof is on the alien to establish eligibility for asylum); Elias-Zacarias, 502 U.S. at 483, 112 S.Ct. 812 (same).

Accordingly, we deny Lin’s petition for review. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials be *930 fore the court and argument would not aid the decisional process.

PETITION DENIED

*

Lin does not seek review of that part of the order that denied withholding of removal and protection under the Convention Against Torture.

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