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79 F. App'x 552

Lohbeng v. Ashcroft

U.S. Courts of Appeals

Decided October 24, 2003

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U.S. Courts of Appeals · decided 2003-10-24

Applies 8 U.S.C. § 1101 (§ 101 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1158 (§ 208 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

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

Decided 2003-10-24

¶1 OPINION

PER CURIAM.

¶2 Amouh Lohbeng, a native and citizen of Cameroon, petitions for review of an order of the Board of Immigration Appeals (Board) affirming a decision of the immigration judge (IJ) denying his application for asylum and withholding of removal. The Board adopted the opinion of the IJ concluding Lohbeng failed to present credible evidence establishing past persecution or a well-founded fear of future persecution on account of a protected ground. See 8 U.S.C.A. § 1158 (West 1999 & Supp. 2003); 8 U.S.C. § 1101(a)(42)(A) (2000). We have reviewed the administrative record, the IJ’s decision, and the Board’s conclusion, and find that substantial evidence supports the IJ in his ruling that Lohbeng failed to establish refugee status. We have reviewed the IJ’s credibility determinations and conclude that they are supported by specific, cogent reasoning, and therefore are entitled to substantial deference. Figeroa v. INS, 886 F.2d 76, 78 (4th Cir.1989).

¶3 Additionally, we uphold the Board’s denial of Lohbeng’s application for withholding of removal. The standard for receiving withholding is “more stringent than that for asylum eligibility.” Chen v. INS, 195 F.3d 198, 205 (4th Cir.1999). An applicant for withholding must demonstrate a clear probability of persecution. INS v. Cardoza-Fonseca, 480 U.S. 421, 430, 107 S.Ct. 1207, 94 L.Ed.2d 434 (1987). As Lohbeng has failed to establish refugee status, he cannot satisfy the higher standard for withholding of removal.

¶4 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.

¶5 PETITION DENIED.

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