Filed: Nov. 23, 2005
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-1615 MARIA SOUMAH, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A97-920-713) Submitted: November 4, 2005 Decided: November 23, 2005 Before WILKINSON, LUTTIG, and MOTZ, Circuit Judges. Petition denied by unpublished per curiam opinion. Sopo Ngwa, Silver Spring, Maryland, for Petitioner. Peter D. Keisler, Assistant Attorney Gener
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-1615 MARIA SOUMAH, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A97-920-713) Submitted: November 4, 2005 Decided: November 23, 2005 Before WILKINSON, LUTTIG, and MOTZ, Circuit Judges. Petition denied by unpublished per curiam opinion. Sopo Ngwa, Silver Spring, Maryland, for Petitioner. Peter D. Keisler, Assistant Attorney Genera..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1615
MARIA SOUMAH,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A97-920-713)
Submitted: November 4, 2005 Decided: November 23, 2005
Before WILKINSON, LUTTIG, and MOTZ, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Sopo Ngwa, Silver Spring, Maryland, for Petitioner. Peter D.
Keisler, Assistant Attorney General, James A. Hunolt, Senior
Litigation Counsel, M. Jocelyn Lopez Wright, Assistant Director,
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Unpublished opinions are not binding precedent in this circuit.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:
Maria Soumah, a native and citizen of Guinea, petitions
for review of the Board of Immigration Appeals’ (“Board”) denial of
her applications for asylum and withholding from removal and the
affirmation of the immigration judge’s denial of her motion for a
continuance.*
The INA authorizes the Attorney General to confer asylum
on any refugee. 8 U.S.C. § 1158(a) (2000). It defines a refugee
as a person unwilling or unable to return to her native country
“because of persecution or a well-founded fear of persecution on
account of race, religion, nationality, membership in a particular
social group, or political opinion.” 8 U.S.C. § 1101(a)(42)(A)
(2000).
An applicant can establish refugee status based on past
persecution in her native country on account of a protected ground.
8 C.F.R. § 1208.13(b)(1) (2005). “An applicant who demonstrates
that he was the subject of past persecution is presumed to have a
well-founded fear of persecution.” Ngarurih v. Ashcroft,
371 F.3d
182, 187 (4th Cir. 2004). This presumption can be rebutted on a
finding of a fundamental change of circumstances so that the alien
no longer has a well-founded fear, or a finding that the alien
*
The Board also denied Soumah’s application for withholding
under the Convention Against Torture. She does not challenge that
holding.
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could avoid persecution by relocating within the country of
removal. 8 C.F.R. § 1208.13(b)(1)(i)(A), (B) (2005).
Without regard to past persecution, an alien can
establish a well-founded fear of persecution on a protected ground.
Ngarurih, 371 F.3d at 187. The well-founded fear of persecution
standard contains both a subjective and an objective component.
“An applicant may satisfy the subjective element by presenting
‘candid, credible, and sincere testimony demonstrating a genuine
fear of persecution.’” Chen v. INS,
195 F.3d 198, 201-02 (4th Cir.
1999) (quoting Berroteran-Melendez v. INS,
955 F.2d 1251, 1256 (9th
Cir. 1992) (internal quotation marks omitted)). The objective
element requires a showing of specific, concrete facts that would
lead a reasonable person in like circumstances to fear persecution.
Huaman-Cornelio v. Bd. of Immigration Appeals,
979 F.2d 995, 999
(4th Cir. 1992).
An applicant has the burden of demonstrating his
eligibility for asylum. 8 C.F.R. § 1208.13(a) (2005); Gonahasa v.
INS,
181 F.3d 538, 541 (4th Cir. 1999). Credibility findings,
relevant to the subjective component, are reviewed for substantial
evidence. A trier of fact who rejects an applicant’s testimony on
credibility grounds must offer specific, cogent reasons for doing
so. Figeroa v. INS,
886 F.2d 76, 78 (4th Cir. 1989). We accord
broad, though not unlimited, deference to credibility findings
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supported by substantial evidence. Camara v. Ashcroft,
378 F.3d
361, 367 (4th Cir. 2004).
To establish eligibility for withholding of removal, an
alien must show a clear probability that, if she were removed to
her native country, her “life or freedom would be threatened” on a
protected ground. 8 U.S.C. § 1231(b)(3)(A) (2000); see
Camara, 378
F.3d at 370 (4th Cir. 2004). A “clear probability” means it is
more likely than not the alien would be subject to persecution.
INS v. Stevic,
467 U.S. 407, 429-30 (1984). “The burden of proof
is on the applicant for withholding of removal . . . to establish
that his or her life or freedom would be threatened in the proposed
country of removal” on account of a protected ground. 8 C.F.R.
§ 1208.16(b) (2005). A showing of past threat to life or freedom
on such a ground creates a rebuttable presumption that the threat
would recur upon removal. 8 C.F.R. § 1208.16(b)(1)(i);
Camara, 378
F.3d at 370. Withholding of removal is mandatory if the alien
meets the standard of proof.
Stevic, 467 U.S. at 429-30.
A determination regarding eligibility for asylum or
withholding of removal is conclusive if supported by substantial
evidence on the record considered as a whole. INS v.
Elias-Zacarias,
502 U.S. 478, 481 (1992). Administrative findings
of fact are conclusive unless any reasonable adjudicator would be
compelled to decide to the contrary. 8 U.S.C. § 1252(b)(4)(B)
(2000). We will reverse the Board “only if ‘the evidence presented
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by the petitioner was so compelling that no reasonable factfinder
could fail to find the requisite fear of persecution.’” Rusu v.
INS,
296 F.3d 316, 325 n.14 (4th Cir. 2002) (quoting Huaman-
Cornelio, 979 F.2d at 999 (internal quotation marks omitted)). We
find the evidence was not so compelling as to warrant reversal.
We further find the Board did not abuse its discretion in
affirming the immigration judge’s denial of a motion for a
continuance. Initially, we note the immigration judge did not deny
Soumah her statutory and constitutional right to counsel. After
being informed of her right to counsel, Soumah voluntarily chose to
proceed pro se. Moreover, even if she was denied her right to
counsel, Soumah has not shown she was prejudiced.
Rusu, 296 F.3d
at 320.
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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