Filed: Sep. 08, 2006
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-1584 ARMAND WETSHI KOY LETSHU, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A96-270-993) Submitted: June 2, 2006 Decided: September 8, 2006 Before NIEMEYER, MICHAEL, and KING, Circuit Judges. Petition denied by unpublished per curiam opinion. Bokwe G. Mofor, Silver Spring, Maryland, for Petitioner. Rod J. Rosenstein, United Sta
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-1584 ARMAND WETSHI KOY LETSHU, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A96-270-993) Submitted: June 2, 2006 Decided: September 8, 2006 Before NIEMEYER, MICHAEL, and KING, Circuit Judges. Petition denied by unpublished per curiam opinion. Bokwe G. Mofor, Silver Spring, Maryland, for Petitioner. Rod J. Rosenstein, United Stat..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1584
ARMAND WETSHI KOY LETSHU,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A96-270-993)
Submitted: June 2, 2006 Decided: September 8, 2006
Before NIEMEYER, MICHAEL, and KING, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Bokwe G. Mofor, Silver Spring, Maryland, for Petitioner. Rod J.
Rosenstein, United States Attorney, Kristine L. Sendek-Smith,
Assistant United States Attorney, Baltimore, Maryland, for
Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Armand Wetshi Koy Letshu, a native and citizen of the
Democratic Republic of Congo, petitions for review of an order of
the Board of Immigration Appeals (“Board”) adopting and affirming
the immigration judge’s order denying his application for asylum,
withholding of removal, and protection under the Convention Against
Torture.
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 Letshu 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
Letshu’s request for 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). Because Letshu fails to show that
he is eligible for asylum, he cannot meet the higher standard for
withholding of removal.
- 2 -
We also find that Letshu 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 she or he would be tortured if removed to the proposed
country of removal.” 8 C.F.R. § 1208.16(c)(2) (2004). We find
that Letshu fails to make the requisite showing.
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
- 3 -