Filed: Mar. 29, 2007
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-1455 PETER NWANAKHAN, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A97-636-992) Submitted: March 19, 2007 Decided: March 29, 2007 Before WILKINSON, KING, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Robert L. Oswald, NOTO & OSWALD, Washington, D.C., for Petitioner. Rod J. Rosenstein, United Sta
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-1455 PETER NWANAKHAN, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A97-636-992) Submitted: March 19, 2007 Decided: March 29, 2007 Before WILKINSON, KING, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Robert L. Oswald, NOTO & OSWALD, Washington, D.C., for Petitioner. Rod J. Rosenstein, United Stat..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1455
PETER NWANAKHAN,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A97-636-992)
Submitted: March 19, 2007 Decided: March 29, 2007
Before WILKINSON, KING, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Robert L. Oswald, NOTO & OSWALD, Washington, D.C., for Petitioner.
Rod J. Rosenstein, United States Attorney, Allen F. Loucks,
Assistant United States Attorney, Baltimore, Maryland, for
Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Peter Nwanakhan, a native and citizen of Cameroon,
petitions for review of an order of the Board of Immigration
Appeals (Board) affirming the immigration judge’s denial of his
applications for asylum, withholding of removal, and protection
under the Convention Against Torture.*
Nwanakhan challenges the Board’s finding that his
testimony was not credible and that he otherwise failed to meet his
burden of proving his eligibility for asylum. We will reverse this
decision only if the evidence “was so compelling that no reasonable
fact finder could fail to find the requisite fear of persecution,”
Rusu v. INS,
296 F.3d 316, 325 n.14 (4th Cir. 2002) (internal
quotation marks and citations omitted), and we uphold credibility
determinations if they are supported by substantial evidence.
Tewabe v. Gonzales,
446 F.3d 533, 538 (4th Cir. 2006).
We have reviewed the administrative record and the
Board’s decision and find that substantial evidence supports the
adverse credibility finding and the ruling that Nwanakhan failed to
establish past persecution or a well-founded fear of future
persecution as necessary to establish eligibility for asylum. See
8 C.F.R. § 1208.13(a) (2006) (stating that the burden of proof is
*
Nwanakhan does not challenge the denial of relief under the
Convention Against Torture, and therefore, this claim is abandoned.
See Ngarurih v. Ashcroft,
371 F.3d 182, 189 n.7 (4th Cir. 2004)
(holding that failure to raise a challenge in an opening brief
results in abandonment of that challenge).
- 2 -
on the alien to establish eligibility for asylum); INS v.
Elias-Zacarias,
502 U.S. 478, 483 (1992) (same). Moreover, as
Nwanakhan cannot sustain his burden on the asylum claim, he cannot
establish his entitlement to withholding of removal. See Camara v.
Ashcroft,
378 F.3d 361, 367 (4th Cir. 2004) (“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).”).
Accordingly, we deny Nwanakhan’s 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 -