Filed: Apr. 03, 2006
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-1555 NJOLI ROGER BOSUNG, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A97-201-448) Submitted: February 28, 2006 Decided: April 3, 2006 Before MOTZ, SHEDD, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Kell Enow, Silver Spring, Maryland, for Petitioner. Charles T. Miller, Acting United States Att
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-1555 NJOLI ROGER BOSUNG, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A97-201-448) Submitted: February 28, 2006 Decided: April 3, 2006 Before MOTZ, SHEDD, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Kell Enow, Silver Spring, Maryland, for Petitioner. Charles T. Miller, Acting United States Atto..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1555
NJOLI ROGER BOSUNG,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A97-201-448)
Submitted: February 28, 2006 Decided: April 3, 2006
Before MOTZ, SHEDD, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Kell Enow, Silver Spring, Maryland, for Petitioner. Charles T.
Miller, Acting United States Attorney, Fred B. Westfall, Jr.,
Assistant United States Attorney, Charleston, West Virginia, for
Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Njoli Roger Bosung, a native and citizen of Cameroon,
petitions for review of an order of the Board of Immigration
Appeals (“Board”) dismissing his appeal from the immigration
judge’s denial of his requests for asylum, withholding of removal,
and protection under the Convention Against Torture.
In his petition for review, Bosung contends that the
Board erred in denying asylum relief on the ground that he failed
to demonstrate that he filed his application within one year of the
date of his arrival in the United States. See 8 U.S.C.
§ 1158(a)(2)(B) (2000). We conclude that we lack jurisdiction to
review this determination pursuant to 8 U.S.C. § 1158(a)(3) (2000),
even in light of the recent passage of the REAL ID Act of 2005,
Pub. L. No. 109-13, 119 Stat. 231. See Chen v. United States Dep’t
of Justice,
434 F.3d 144, 150-54 (2d Cir. 2006) (collecting cases).
Given this jurisdictional bar, we cannot review the underlying
merits of Bosung’s asylum claim.
Bosung also contends that the Board erred in denying his
request for withholding of removal. “To qualify for withholding of
removal, a petitioner must show that he faces a clear probability
of persecution because of his race, religion, nationality,
membership in a particular social group, or political opinion.”
Rusu v. INS,
296 F.3d 316, 324 n.13 (4th Cir. 2002) (citing INS v.
Stevic,
467 U.S. 407, 430 (1984)). Based on our review of the
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record, we find that Bosung failed to make the requisite showing
before the immigration court. We therefore uphold the denial of
his request for withholding of removal.
We also find that substantial evidence supports the
finding that Bosung 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) (2005). We find that Bosung failed to
make the requisite showing before the immigration court.
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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