U.S. Court of Appeals for the Fourth Circuit, 2008

Abayneh v. Mukasey

Abayneh v. Mukasey
U.S. Court of Appeals for the Fourth Circuit · Decided November 17, 2008 · Niemeyer, Michael, Gregory
300 F. App'x 241

Abayneh v. Mukasey

Opinion

PER CURIAM:

Tewodros G. Abayneh, a native and citizen of Ethiopia, petitions for review of an order of the Board of Immigration Appeals affirming the Immigration Judge’s denial of his applications for relief from removal.

Abayneh first challenges the determination that he 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 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 Abayneh fails to show that the evidence compels a contrary result. Having failed to qualify for asylum, Abayneh 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 Abayneh failed to demonstrate that it is more likely than not that he 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.

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