Siahaan v. Gonzales

U.S. Court of Appeals for the Fourth Circuit
Siahaan v. Gonzales, 166 F. App'x 91 (4th Cir. 2006)

Siahaan v. Gonzales

Opinion

PER CURIAM:

Binsar Rionald Siahaan, a native and citizen of Indonesia, petitions for review of a decision by the Board of Immigration Appeals (Board) affirming the immigration judge’s order denying his request for asylum, withholding of removal, and protection under the Convention Against Torture. * He claims that the Board erred in affirming the immigration judge’s denial of his application for withholding of removal. “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. Stevic, 467 U.S. 407, 430, 104 S.Ct. 2489, 81 L.Ed.2d 321 (1984)). Based on our review of the record, we find that substantial evidence supports the Board’s decision that Siahaan has failed to meet this standard. 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

*

On motion of the Attorney General, this court, by order of November 7, 2005, limited the scope of the appeal to preclude a challenge to the Board’s ruling that the asylum application was untimely. In addition, as Siahaan does not challenge the Board's denial of protection under the Convention Against Torture, any claim concerning that issue is waived. See Edwards v. City of Goldsboro, 178 F.3d 231, 241 n. 6 (4th Cir. 1999).

Reference

Full Case Name
Binsar Rionald SIAHAAN, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent
Status
Unpublished