U.S. Court of Appeals for the Fourth Circuit, 2007

Ying Song Lin v. Gonzales

Ying Song Lin v. Gonzales
U.S. Court of Appeals for the Fourth Circuit · Decided July 27, 2007 · Wilkinson, Traxler, King
234 F. App'x 175

Ying Song Lin v. Gonzales

Opinion

PER CURIAM:

Ying Song Lin, a native and citizen of China, petitions for review of an order of the Board of Immigration Appeals affirming the Immigration Judge’s denial of his applications for asylum, 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 *176 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 Lin fails to show that the evidence compels a contrary result. Having failed to qualify for asylum, Lin 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).

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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