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

Xiandong Xie v. Gonzales

Xiandong Xie v. Gonzales
U.S. Court of Appeals for the Fourth Circuit · Decided June 2, 2005 · Luttig, Traxler, Duncan
132 F. App'x 500

Xiandong Xie v. Gonzales

Opinion

PER CURIAM:

Xiandong Xie, a native and citizen of China, petitions for review of an order of the Board of Immigration Appeals affirming without opinion the Immigration Judge’s denial of his applications 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-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 Xie fails to show that the evidence compels a contrary result. Having failed to qualify for asylum, Xie 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

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