Filed: Apr. 19, 2007
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-1951 HELEN ANKIAMBOM TITANG, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. No. 06-1677 HELEN ANKIAMBOM TITANG, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petitions for Review of Orders of the Board of Immigration Appeals. (A95-906-105) Submitted: March 28, 2007 Decided: April 19, 2007 Before TRAXLER and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petiti
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-1951 HELEN ANKIAMBOM TITANG, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. No. 06-1677 HELEN ANKIAMBOM TITANG, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petitions for Review of Orders of the Board of Immigration Appeals. (A95-906-105) Submitted: March 28, 2007 Decided: April 19, 2007 Before TRAXLER and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petitio..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1951
HELEN ANKIAMBOM TITANG,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
No. 06-1677
HELEN ANKIAMBOM TITANG,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petitions for Review of Orders of the Board of Immigration
Appeals. (A95-906-105)
Submitted: March 28, 2007 Decided: April 19, 2007
Before TRAXLER and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petitions denied by unpublished per curiam opinion.
Danielle Beach-Oswald, BEACH-OSWALD IMMIGRATION LAW ASSOCIATION,
P.C., Washington, D.C., for Petitioner. Rod J. Rosenstein, United
States Attorney, Paul E. Budlow, Assistant United States Attorney,
Baltimore, Maryland, for Respondent.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
In these consolidated petitions for review, Helen
Ankiambom Titang, a native and citizen of Cameroon, requests review
of an order of the Board of Immigration Appeals (“Board”) affirming
the immigration judge’s denial of her requests for asylum,
withholding of removal, and protection under the Convention Against
Torture, and a separate order denying her motion to reopen.
In No. 05-1951, Titang challenges the Board’s
determination that she failed to prove her identity, and therefore
failed to establish her eligibility for asylum. To obtain reversal
of a determination denying eligibility for relief, an alien “must
show that the evidence [s]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 the
evidence does not compel a contrary result.
Since Titang cannot sustain her burden on the asylum
claim, she cannot establish her entitlement to 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). As substantial evidence supports the ruling that Titang is
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ineligible for asylum, she likewise fails to qualify for
withholding of removal.
We also find that substantial evidence supports the
finding that Titang 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 Titang failed to
make the requisite showing below.
Finally, in No. 06-1677, Titang challenges the Board’s
denial of her motion to reopen. We review the denial of a motion
to reopen for abuse of discretion. INS v. Doherty,
502 U.S. 314,
323-24 (1992); Barry v. Gonzales,
445 F.3d 741, 744 (4th Cir.
2006), cert. denied,
127 S. Ct. 1147 (2007). Denial of a motion to
reopen must be reviewed with extreme deference, since immigration
statutes do not contemplate reopening and the applicable
regulations disfavor such motions. M.A. v. INS,
899 F.2d 304, 308
(4th Cir. 1990) (en banc). We will reverse the Board’s denial of
such a motion only if the denial is “arbitrary, capricious, or
contrary to law.”
Barry, 445 F.3d at 745. We find the Board did
not abuse its discretion in denying the motion to reopen.
Accordingly, we deny Titang’s petitions for review. We
dispense with oral argument because the facts and legal contentions
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are adequately presented in the materials before the court and
argument would not aid the decisional process.
PETITIONS DENIED
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