Orliana v. Gonzales
Opinion
Linda Orliana, a native and citizen of Indonesia, petitions for review of an order of the Board of Immigration Appeals (Board) adopting and affirming the Immigration Judge’s denial of her application for asylum and withholding of removal. Orliana contends that she established eligibility for asylum. As the Board concluded that the asylum application was untimely, we find that consideration of Orliana’s asylum claim is barred. See 8 U.S.C. § 1158(a)(3) (2000).
Orliana also challenges the finding that she failed to qualify for withholding of removal. See 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). 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 Orliana fails to show that the evidence compels a contrary result.
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.
*459 PETITION DENIED
Reference
- Full Case Name
- Linda ORLIANA, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent
- Status
- Unpublished