Xiu Qin Su v. Gonzales

U.S. Court of Appeals for the Fourth Circuit
Xiu Qin Su v. Gonzales, 177 F. App'x 291 (4th Cir. 2006)

Xiu Qin Su v. Gonzales

Opinion

PER CURIAM:

Xiu Qin Su, a native and citizen of the People’s Republic of China, petitions for review of the Board of Immigration Appeals’ order affirming without opinion the immigration judge’s decision denying asylum. * We deny the petition for review.

The decision to grant or deny asylum relief is conclusive “unless manifestly contrary to the law and an abuse of discretion.” 8 U.S.C. § 1252(b)(4)(D) (2000). We have reviewed the immigration judge’s decision and the administrative record and find the record supports the conclusion that Su failed to establish past persecution or a well founded fear of persecution. See 8 C.F.R. § 1208.13(a) (2004) (stating that the burden of proof is on the alien to establish his eligibility for asylum); INS v. Elias-Zacarias, 502 U.S. 478, 483, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). The record does not compel a different 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.

PETITION DENIED

*

Su has waived any challenge to the denial of withholding from removal and withholding under the Convention Against Torture by not arguing against the denials in her brief. See Yousefi v. INS, 260 F.3d 318, 326 (4th Cir. 2001).

Reference

Full Case Name
Xiu Qin SU, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent
Status
Unpublished