Ya Ying Wu v. Holder
Opinion
Petition denied by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Ya Ying Wu and her husband, Bao Guo Zhao (collectively “Petitioners”), natives and citizens of the People’s Republic of China, petition for review of an order of the Board of Immigration Appeals (“Board”) dismissing their appeal from the immigration judge’s denial of their re-quests for asylum and withholding of re-moval. Wu is the primary applicant for asylum; the claims of her husband are derivative of her application. See 8 U.S.C. § 1158(b)(3) (2006); 8 C.F.R. § 1208.21(a) (2010). the
The Petitioners first challenge the deter-mination that they failed to establish their eligibility for asylum. To obtain reversal of a determination denying eligibility for relief, an alien “must show that the evi-dence he [or she] presented was so com-pelling that no reasonable factfinder could fail to find the requisite fear of persecu-tion.” 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 the Petitioners fail to demonstrate that the evidence com-pels a contrary result. We therefore find that substantial evidence supports the de-nial of relief. Dave UNITED States
Additionally, we uphold the denial of the Petitioners’ request for withholding of re-moval. “Because the burden of proof for withholding of removal is higher than for asylum&emdash;even though the facts that must be proved are the same&emdash;an applicant who is ineligible for asylum is necessarily ineli-gible for withholding of removal under [8 U.S.C.] § 1231(b)(3).” Camara v. Ashcroft, 378 F.3d 361, 367 (4th Cir. 2004). Because the Petitioners failed to establish that they are eligible for asylum, they cannot meet the higher standard for with-holding of removal.
Accordingly, we deny the petition for review. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials be-fore the court and argument would not aid the decisional process.
PETITION DENIED.
Reference
- Full Case Name
- YA YING WU; Bao Guo Zhao, Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent
- Status
- Unpublished