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

Musoke v. Gonzales

Musoke v. Gonzales
U.S. Court of Appeals for the Fourth Circuit · Decided July 11, 2005 · Luttig, Motz, Per Curiam, Shedd
138 F. App'x 555

Musoke v. Gonzales

Opinion

PER CURIAM:

Isaac Musoke, a native and citizen of Uganda, petitions for review of an order of the Board of Immigration Appeals (“Board”) affirming without opinion the Immigration Judge’s order denying his requests for asylum, withholding of removal, and protection under the Convention Against Torture. In his petition for review, Musoke contends that the Board and Immigration Judge erred in denying his applications for withholding of removal and protection under the Convention Against Torture.

“To qualify for withholding of removal, a petitioner must show that he faces a clear probability of persecution because of his race, religion, nationality, membership in a particular social group, or political opinion.” Rusu v. INS, 296 F.3d 316, 324 n. 13 (4th Cir. 2002) (citing INS v. Stevie, 467 *556 U.S. 407, 430, 104 S.Ct. 2489, 81 L.Ed.2d 321 (1984)). To qualify for protection under the Convention Against Torture, a petitioner bears the burden of demonstrating that “it is more likely than not that he or she would be tortured if removed to the proposed country of removal.” 8 C.F.R. § 1208.16(c)(2) (2004). Based on our review of the record, we find that Musoke has failed to meet these standards.

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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