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217 F. App'x 201

Sy v. Gonzales

U.S. Courts of Appeals

Decided February 7, 2007

U.S. Courts of Appeals · decided 2007-02-07

Cited by 22 later decisions — most recently March 2018

7 district · 1 state decisions

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

Good law ✅— No negative treatment on recordhow we know

Decided 2007-02-07

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PER CURIAM:

¶1 Mamadou Bella Sy, a native and citizen of Guinea, petitions for review of an order of the Board of Immigration Appeals adopting and affirming the Immigration Judge’s denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture.

¶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 Sy fails to show that the evidence compels a contrary result. Having failed to qualify for asylum, Sy 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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