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159 F. App'x 521

Noory v. Gonzales

U.S. Courts of Appeals

Decided December 27, 2005

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U.S. Courts of Appeals · decided 2005-12-27

Relies on Immigration & Naturalization Service v. Elias-Zacarias · Immigration & Naturalization Service v. Cardoza-Fonseca · Yong Hao Chen v. U.S. Immigration & Naturalization Service

Decided 2005-12-27

PER CURIAM:

¶1 Gulam Samad Noory, a native and citizen of Afghanistan, petitions for review of an order of the Board of Immigration Appeals affirming the Immigration Judge’s denial of his applications for asylum and withholding of removal.

¶2 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, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). We have reviewed the evidence of record and conclude that Noory fails to show that the evidence compels a contrary result. Having failed to qualify for asylum, Noory cannot meet the higher standard to qualify for withholding of removal. Chen v. INS, 195 F.3d 198, 205 (4th Cir.1999); INS v. Cardoza-Fonseca, 480 U.S. 421, 430, 107 S.Ct. 1207, 94 L.Ed.2d 434 (1987).

¶3 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.

¶4 PETITION DENIED

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