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82 F. App'x 801

Lalamda v. Ashcroft

U.S. Courts of Appeals

Decided November 24, 2003

U.S. Courts of Appeals · decided 2003-11-24

Applies 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

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

Decided 2003-11-24

¶1 OPINION

PER CURIAM:

¶2 Hamdela Lalamda, a native and citizen of Ethiopia, petitions for review from the Board of Immigration Appeals’ (“Board”) order dismissing his appeal from the immigration judge’s order denying his application for asylum and withholding of removal. We deny the petition for review.

¶3 A determination that an alien is not eligible for asylum must be upheld unless that determination is “manifestly contrary to law and an abuse of discretion.” 8 U.S.C. § 1252(b)(4)(D) (2000). This Court will reverse the Board “only if ‘the evidence presented 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) (quoting Huaman-Cornelio v. Board of Immigration Appeals, 979 F.2d 995, 999 (4th Cir.1992) (internal quotation marks omitted)).

¶4 We find the evidence does not compel a finding that Lalamda established either past persecution or a well-founded fear of persecution.

¶5 The standard for receiving withholding of removal 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 Lalamda failed to establish entitlement to asylum, he cannot satisfy the higher standard for withholding of removal.

¶6 Accordingly, we deny the petition for review. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials be *802 fore the court and argument would not aid the decisional process.

¶7 PETITION DENIED

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