Filed: Oct. 11, 2007
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-1416 ALICE BERTILLE MBANG, Petitioner, versus PETER D. KEISLER, Acting Attorney General, Respondent. No. 06-2078 ALICE BERTILLE MBANG, Petitioner, versus PETER D. KEISLER, Acting Attorney General, Respondent. On Petitions for Review of Orders of the Board of Immigration Appeals. (A97-624-334) Submitted: September 12, 2007 Decided: October 11, 2007 Before SHEDD and DUNCAN, Circuit Judges, and WILKINS, Senior Circuit Judge.
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-1416 ALICE BERTILLE MBANG, Petitioner, versus PETER D. KEISLER, Acting Attorney General, Respondent. No. 06-2078 ALICE BERTILLE MBANG, Petitioner, versus PETER D. KEISLER, Acting Attorney General, Respondent. On Petitions for Review of Orders of the Board of Immigration Appeals. (A97-624-334) Submitted: September 12, 2007 Decided: October 11, 2007 Before SHEDD and DUNCAN, Circuit Judges, and WILKINS, Senior Circuit Judge. P..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1416
ALICE BERTILLE MBANG,
Petitioner,
versus
PETER D. KEISLER, Acting Attorney General,
Respondent.
No. 06-2078
ALICE BERTILLE MBANG,
Petitioner,
versus
PETER D. KEISLER, Acting Attorney General,
Respondent.
On Petitions for Review of Orders of the Board of Immigration
Appeals. (A97-624-334)
Submitted: September 12, 2007 Decided: October 11, 2007
Before SHEDD and DUNCAN, Circuit Judges, and WILKINS, Senior
Circuit Judge.
Petitions denied by unpublished per curiam opinion.
Ronald D. Richey, LAW OFFICE OF RONALD D. RICHEY, Rockville,
Maryland, for Petitioner. Peter D. Keisler, Assistant Attorney
General, Carol Federighi, Senior Litigation Counsel, Office of
Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE,
Washington, D.C.; Stephen D. Booker, UNITED STATES DEPARTMENT OF
JUSTICE, Dallas, Texas, for Respondent.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
In these consolidated petitions for review, Alice
Bertille Mbang, a native and citizen of Cameroon, petitions for
review of two separate orders of the Board of Immigration Appeals
(“Board”) (1) adopting and affirming the immigration judge’s denial
of her requests for asylum, withholding of removal, and protection
under the Convention Against Torture; and (2) denying her motion to
reopen immigration proceedings.
In her petition for review in No. 06-1416, Mbang first
challenges the determination that she failed to establish her
eligibility for asylum. To obtain reversal of a determination
denying eligibility for relief, an alien “must show that the
evidence [s]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 Mbang fails to
show that the evidence compels a contrary result. Accordingly, we
cannot grant the relief that she seeks.
Additionally, we uphold the denial of Mbang’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
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F.3d 361, 367 (4th Cir. 2004). Because Mbang fails to show that
she is eligible for asylum, she cannot meet the higher standard for
withholding of removal.
We also find that substantial evidence supports the
finding that Mbang 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) (2006). We find that Mbang failed to make
the requisite showing before the immigration court. Accordingly,
we deny the petition for review in No. 06-1416.
In No. 06-2078, Mbang contends that the Board abused its
discretion in denying her motion to reopen immigration proceedings
based on new evidence. We have reviewed the record and the Board’s
order and find that no abuse of discretion occurred. See 8 C.F.R.
§ 1003.2(a) (2007). Accordingly, we deny the petition for review
for the reasons stated by the Board. See In Re: Mbang, No. A97-
624-334 (B.I.A. Sept. 7, 2006).
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.
PETITIONS DENIED
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