Jino v. Mukasey

U.S. Court of Appeals for the Fourth Circuit
Jino v. Mukasey, 284 F. App'x 18 (4th Cir. 2008)

Jino v. Mukasey

Opinion

PER CURIAM:

Aynalem Markety Jino, a native and citizen of Ethiopia, petitions for review of an order of the Board of Immigration Appeals adopting and affirming the Immigration Judge’s denial of her applications for relief from removal.

Jino first challenges the determination that she failed to establish eligibility for asylum. 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 fact-finder 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 Jino fails to show that the evidence compels a contrary result. Having failed to qualify for asylum, Jino cannot meet the more stringent standard 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). Finally, we uphold the finding below that Jino failed to demonstrate that it is more likely than not that she would be tortured if removed to Ethiopia. 8 C.F.R. § 1208.16(c)(2) (2008).

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.

Reference

Full Case Name
Aynalem Markety JINO, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent
Status
Unpublished