Filed: Oct. 12, 2004
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-1547 YUKSEL SOYDAN, Petitioner, versus JOHN ASHCROFT, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A79-141-732) Submitted: September 29, 2004 Decided: October 12, 2004 Before WILLIAMS, TRAXLER, and KING, Circuit Judges. Petition denied by unpublished per curiam opinion. Michael M. Hadeed, Jr., BECKER, HADEED, KELLOGG & BERRY, P.C., Springfield, Virginia, for Petition
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-1547 YUKSEL SOYDAN, Petitioner, versus JOHN ASHCROFT, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A79-141-732) Submitted: September 29, 2004 Decided: October 12, 2004 Before WILLIAMS, TRAXLER, and KING, Circuit Judges. Petition denied by unpublished per curiam opinion. Michael M. Hadeed, Jr., BECKER, HADEED, KELLOGG & BERRY, P.C., Springfield, Virginia, for Petitione..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1547
YUKSEL SOYDAN,
Petitioner,
versus
JOHN ASHCROFT, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A79-141-732)
Submitted: September 29, 2004 Decided: October 12, 2004
Before WILLIAMS, TRAXLER, and KING, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Michael M. Hadeed, Jr., BECKER, HADEED, KELLOGG & BERRY, P.C.,
Springfield, Virginia, for Petitioner. Peter D. Keisler, Assistant
Attorney General, Mary Jane Candaux, Senior Litigation Counsel,
James E. Grimes, 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Unpublished opinions are not binding precedent in this circuit.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:
Yuksel Soydan, a native and citizen of Turkey, petitions
for review of the Board of Immigration Appeals’ (“Board”) order
affirming the immigration judge’s decision denying asylum,
withholding of removal and withholding under the Convention Against
Torture. For the reasons discussed below, we deny the petition for
review.
The decision to grant or deny asylum relief is conclusive
“unless manifestly contrary to the law and an abuse of discretion.”
8 U.S.C. § 1252(b)(4)(D) (2000). We have reviewed the Board’s
decision and the immigration judge’s decision and the
administrative record and find the record supports the conclusion
that Soydan failed to establish eligibility for asylum on a
protected ground. See 8 C.F.R. § 1208.13(a) (2004) (stating that
the burden of proof is on the alien to establish his eligibility
for asylum); INS v. Elias-Zacarias,
502 U.S. 478, 483 (1992).
Because the decision in this case is not manifestly contrary to
law, we cannot grant the relief Soydan seeks.
Soydan challenges the Board’s finding that he did not
present credible evidence with respect to the alleged 1991 arrest
and torture. We find the Board and the immigration judge provided
specific and cogent reasons for finding the account lacked
credibility. See Figeroa v. INS,
886 F.2d 76, 78 (4th Cir. 1989).
- 2 -
We further find the Board’s decision is supported by substantial
evidence.*
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
*
Because he does not raise these issues in his brief, Soydan
has waived challenges to the denial of withholding from removal and
withholding under the Convention against Torture.
- 3 -