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87 F. App'x 907

Woldemariam v. Ashcroft

U.S. Courts of Appeals

Decided February 23, 2004

U.S. Courts of Appeals · decided 2004-02-23

Applies 8 U.S.C. § 1158 (§ 208 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Mussie v. U.S. Immigration & Naturalization Service

Decided 2004-02-23

PER CURIAM.

¶1 Elsa Tekle Woldemariam, a native and citizen of Ethiopia, petitions for review of an order of the Board of Immigration Appeals affirming the denial of asylum based on the reasoning of the Immigration Judge (IJ). We have reviewed the administrative record and find no error in the IJ’s conclusion that Woldemariam was firmly resettled in Italy and is thus ineligible for asylum. See 8 U.S.C. § 1252(b)(4)(B), (D) (2000); 8 U.S.C. § 1158(b)(2)(A)(vi) (2000); Mussie v. INS, 172 F.3d 329, 331-32 (4th Cir.1999). As the firm resettlement bar applies here, Woldemariam’s contentions that she has a well-founded fear of future persecution and challenges to the IJ’s findings that the fear is not objectively reasonable are misplaced.

¶2 We accordingly 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.

¶3 PETITION DENIED

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