Filed: Apr. 28, 2005
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-1906 THERESE CISHUGI, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A79-235-604) Submitted: March 16, 2005 Decided: April 28, 2005 Before LUTTIG, WILLIAMS, and SHEDD, Circuit Judges. Petition denied by unpublished per curiam opinion. Courtney E. Smothers, Christopher J. Flack, ARNOLD & PORTER, L.L.P., Washington, D.C., for Petit
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-1906 THERESE CISHUGI, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A79-235-604) Submitted: March 16, 2005 Decided: April 28, 2005 Before LUTTIG, WILLIAMS, and SHEDD, Circuit Judges. Petition denied by unpublished per curiam opinion. Courtney E. Smothers, Christopher J. Flack, ARNOLD & PORTER, L.L.P., Washington, D.C., for Petiti..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1906
THERESE CISHUGI,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A79-235-604)
Submitted: March 16, 2005 Decided: April 28, 2005
Before LUTTIG, WILLIAMS, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Courtney E. Smothers, Christopher J. Flack, ARNOLD & PORTER,
L.L.P., Washington, D.C., for Petitioner. Peter D. Keisler,
Assistant Attorney General, Michael P. Lindemann, Assistant
Director, William C. Peachey, Office of Immigration Litigation,
UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for
Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Therese Cishugi, a native and citizen of Congo, petitions
for review of an order of the Board of Immigration Appeals
affirming the immigration judge’s order denying her applications
for asylum, withholding of removal, and protection under the
Convention Against Torture.
In her petition for review, Cishugi challenges the
immigration judge’s determination that she failed to establish her
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 (1992). We have
reviewed the evidence of record and conclude that Cishugi fails to
show that the evidence compels a contrary result. Accordingly, we
cannot grant the relief that she seeks.
Additionally, we uphold the immigration judge’s denial of
Cishugi’s request for withholding of removal. “Because the burden
of proof for withholding of removal is higher than for asylum--even
though the facts that must be proved are the same--an applicant who
is ineligible for asylum is necessarily ineligible for withholding
of removal under [8 U.S.C.] § 1231(b)(3).” Camara v. Ashcroft,
378
F.3d 361, 367 (4th Cir. 2004). Because Cishugi fails to show that
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she is eligible for asylum, she cannot meet the higher standard for
withholding of removal.
We also find that Cishugi fails to meet the standard for
relief under the Convention Against Torture. To obtain such
relief, an applicant must establish that “it is more likely than
not that he or she would be tortured if removed to the proposed
country of removal.” 8 C.F.R. § 1208.16(c)(2) (2004). We find
that Cishugi fails to make the requisite showing.
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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