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

Mekonen v. Gonzales

Mekonen v. Gonzales
U.S. Court of Appeals for the Fourth Circuit · Decided June 30, 2005 · Michael, Duncan, Hamilton
137 F. App'x 603

Mekonen v. Gonzales

Opinion

PER CURIAM.

Metasebya Kassa Mekonen, a native and citizen of Ethiopia, petitions for review of an order of the Board of Immigration Appeals (Board) affirming the Immigration Judge’s denial of her applications for asy *604 lum, 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, 488-84, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). We have reviewed the evidence of record and conclude that Mekonen fails to show that the evidence compels a contrary result. Having failed to qualify for asylum, Mekonen 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 Board’s finding that Mekonen failed to establish that it was more likely than not that she would be tortured if removed to Ethiopia. See 8 C.F.R. § 1208.16(c)(2) (2005).

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.