Filed: Jun. 29, 2004
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-2492 SULTAN KHAN BLOUCH, Petitioner, versus JOHN ASHCROFT, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A78-586-784) Submitted: June 9, 2004 Decided: June 29, 2004 Before NIEMEYER and WILLIAMS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Robert M. Burlington, Fairfax, Virginia, for Petitioner. Peter D. Keisle
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-2492 SULTAN KHAN BLOUCH, Petitioner, versus JOHN ASHCROFT, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A78-586-784) Submitted: June 9, 2004 Decided: June 29, 2004 Before NIEMEYER and WILLIAMS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Robert M. Burlington, Fairfax, Virginia, for Petitioner. Peter D. Keisler..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-2492
SULTAN KHAN BLOUCH,
Petitioner,
versus
JOHN ASHCROFT, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A78-586-784)
Submitted: June 9, 2004 Decided: June 29, 2004
Before NIEMEYER and WILLIAMS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Robert M. Burlington, Fairfax, Virginia, for Petitioner. Peter D.
Keisler, Assistant Attorney General, David V. Bernal, Assistant
Director, Andrew C. MacLachlan, OFFICE OF IMMIGRATION LITIGATION,
Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Sultan Khan Blouch, a native and citizen of Pakistan,
petitions for review of an order of the Board of Immigration
Appeals (“Board”) affirming, without opinion, the immigration
judge’s order denying his applications for asylum, withholding of
removal, and protection under the Convention Against Torture.
In his petition for review, Blouch raises challenges to
the immigration judge’s determination that he failed to establish
his 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 Blouch fails to
show that the evidence compels a contrary result. Accordingly, we
cannot grant the relief that he seeks.
Additionally, we uphold the immigration judge’s denial of
Blouch’s request for withholding of removal. The standard for
withholding of removal is more stringent than that for granting
asylum. Chen v. INS,
195 F.3d 198, 205 (4th Cir. 1999). To
qualify for withholding of removal, an applicant must demonstrate
“a clear probability of persecution.” INS v. Cardoza-Fonseca,
480
U.S. 421, 430 (1987). Because Blouch fails to show that he is
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eligible for asylum, he cannot meet the higher standard for
withholding of removal.
We also find that Blouch 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) (2003). We find that
Blouch has failed to make the requisite showing.
Finally, to the extent that Blouch claims that the
Board’s use of the summary affirmance procedure as set forth in 8
C.F.R. § 1003.1(e)(4) (2003) violated his rights under the Due
Process Clause, we find that this claim is squarely foreclosed by
our recent decision in Blanco de Belbruno v. Ashcroft,
362 F.3d 272
(4th Cir. 2004).
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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