Hiator v. Holder
Hiator v. Holder
Opinion
Tchlalou Akouvi Hiator, a native and citizen of Togo, petitions for review of the Board of Immigration Appeals’ (“Board”) order affirming the immigration judge’s order denying her application for asylum, withholding of removal, and protection under the Convention Against Torture. Hiator challenges the immigration judge’s adverse credibility finding, as affirmed by the Board. For the reasons set forth below, we deny the petition for review.
We will uphold an adverse credibility determination if it is supported by substantial evidence, see Tewabe v. Gonzales, 446 F.3d 533, 538 (4th Cir. 2006), and reverse the Board’s decision only if the evidence “was so compelling that no reasonable fact finder could fail to find the requisite fear of persecution.” Rusu v. INS, 296 F.3d 316, 325 n. 14 (4th Cir. 2002) (internal quotations and citations omitted).
Having reviewed the administrative record and the Board’s decision, we find that substantial evidence supports the immigration judge’s adverse credibility finding, as affirmed by the Board, and the ruling that Hiator failed to establish past persecution or a well-founded fear of future persecution as necessary to establish eligibility for asylum. See 8 U.S.C. § 1158(b)(1)(B)(i), (ii) (2006) (providing that the burden of proof is on the alien to establish eligibility for asylum); 8 C.F.R. § 1208.13(a) (2006) (same). Because the record does not compel a different result, we will not disturb the Board’s denial of Hiator’s application for asylum, withholding of removal, and protection under the Convention Against Torture.
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.