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Olanrewajo v. INS, 99-2338 (2000)

Court: Court of Appeals for the Fourth Circuit Number: 99-2338 Visitors: 53
Filed: Feb. 01, 2000
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT OYEPEJU OLANREWAJO, a/k/a Oyepeju Olanrewaju, Petitioner, v. No. 99-2338 U.S. IMMIGRATION & NATURALIZATION SERVICE, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A74-077-742) Submitted: January 20, 2000 Decided: February 1, 2000 Before WILLIAMS, MICHAEL, and TRAXLER, Circuit Judges. _ Affirmed by unpublished per curiam opinion. _ COUNSEL Oyepeju Olanrewajo, Petitioner Pro Se. Nancy E. Friedma
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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

OYEPEJU OLANREWAJO, a/k/a Oyepeju
Olanrewaju,
Petitioner,

v.                                                                    No. 99-2338

U.S. IMMIGRATION & NATURALIZATION
SERVICE,
Respondent.

On Petition for Review of an Order
of the Board of Immigration Appeals.
(A74-077-742)

Submitted: January 20, 2000

Decided: February 1, 2000

Before WILLIAMS, MICHAEL, and TRAXLER, Circuit Judges.

_________________________________________________________________

Affirmed by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

Oyepeju Olanrewajo, Petitioner Pro Se. Nancy E. Friedman, Edward
J. Duffy, Jr., Michael Peter Lindemann, Sr., Carl H. McIntyre, Jr.,
UNITED STATES DEPARTMENT OF JUSTICE, Washington,
D.C., for Respondent.

_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).

_________________________________________________________________

OPINION

PER CURIAM:

Petitioner Oyepeju Olanrewajo appeals from the refusal of the
Board of Immigration Appeals ("BIA") to withhold her deportation or
grant asylum. We affirm.

Olanrewajo is an immigrant from Nigeria. After she was convicted
of mail fraud, the Immigration and Naturalization Service ("INS")
sought to have her deported to her homeland. Olanrewajo contended
that she was not subject to deportation based on the nature of her
offense. The immigration judge and the BIA rejected this claim, and
she has not reiterated it on appeal.

Before the immigration judge, Olanrewajo also asserted that the
INS should withhold deportation or grant asylum based on the possi-
bility that she would face persecution upon her return to Nigeria. See
INS v. Cardoza-Fonseca, 
480 U.S. 421
, 423-24 (1987) (discussing the
distinction between withholding deportation and granting asylum).
The immigration judge found that Olanrewajo was not eligible for
withholding of deportation, because her involvement in politics was
limited and occurred while she was very young; her parents were
threatened by neighbors several years ago but have been unmolested
since; and the overall human rights climate in Nigeria has been
improving recently. The judge also declined to exercise his discretion
to grant asylum in light of the seriousness of Olanrewajo's offense
and the relatively small likelihood that she would face persecution in
her native country. The BIA adopted these findings.

We agree with the BIA that the immigration judge's conclusions
were supported by substantial evidence. See INS v. Elias-Zacarias,
502 U.S. 478
, 481 (1992). Accordingly, we affirm the BIA's decision.
We dispense with oral argument because the facts and legal conten-
tions are adequately presented in the materials before the court and
argument would not aid the decisional process.

AFFIRMED

                    2

Source:  CourtListener

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