Filed: Mar. 20, 2009
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1293 TCHLALOU AKOUVI HIATOR, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: February 25, 2009 Decided: March 20, 2009 Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges. Petition denied by unpublished per curiam opinion. Joseph M. Kum, AMITY, KUM & SULEMAN, P.A., Greenbelt, Maryland, for Petitioner. Gregory G. Katsas, As
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1293 TCHLALOU AKOUVI HIATOR, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: February 25, 2009 Decided: March 20, 2009 Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges. Petition denied by unpublished per curiam opinion. Joseph M. Kum, AMITY, KUM & SULEMAN, P.A., Greenbelt, Maryland, for Petitioner. Gregory G. Katsas, Ass..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1293
TCHLALOU AKOUVI HIATOR,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: February 25, 2009 Decided: March 20, 2009
Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Joseph M. Kum, AMITY, KUM & SULEMAN, P.A., Greenbelt, Maryland,
for Petitioner. Gregory G. Katsas, Assistant Attorney General,
Carol Federighi, Andrew B. Insenga, UNITED STATES DEPARTMENT OF
JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Tchlalou Akouvi Hiator, a native and citizen of Togo,
petitions for review of the Board of Immigration Appeals’
(“Board”) order affirming the immigration judge’s order denying
her application for asylum, withholding of removal, and
protection under the Convention Against Torture. Hiator
challenges the immigration judge’s adverse credibility finding,
as affirmed by the Board. For the reasons set forth below, we
deny the petition for review.
We will uphold an adverse credibility determination if
it is supported by substantial evidence, see Tewabe v. Gonzales,
446 F.3d 533, 538 (4th Cir. 2006), and reverse the Board’s
decision only if the evidence “was so compelling that no
reasonable fact finder could fail to find the requisite fear of
persecution.” Rusu v. INS,
296 F.3d 316, 325 n.14 (4th Cir.
2002) (internal quotations and citations omitted).
Having reviewed the administrative record and the
Board’s decision, we find that substantial evidence supports the
immigration judge’s adverse credibility finding, as affirmed by
the Board, and the ruling that Hiator failed to establish past
persecution or a well-founded fear of future persecution as
necessary to establish eligibility for asylum. See 8 U.S.C.
§ 1158(b)(1)(B)(I), (ii) (2006) (providing that the burden of
proof is on the alien to establish eligibility for asylum); 8
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C.F.R. § 1208.13(a) (2006) (same). Because the record does not
compel a different result, we will not disturb the Board’s
denial of Hiator’s application for asylum, withholding of
removal, and protection under the Convention Against Torture.
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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