Opinion

Hailu v. Gonzales

  • 222 F. App'x 279
Court
Court of Appeals for the Fourth Circuit
Filed
Mar 28, 2007
Status
Unpublished
On the bench
Wilkinson, King, Hamilton
Cited by
0 cases
Authority
More cited than 28.5%

The opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-1075

MISTIR HAILU,

Petitioner,

versus

ALBERTO R. GONZALES, U. S. Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration

Appeals. (A72-379-828)

Submitted: March 9, 2007 Decided: March 28, 2007

Before WILKINSON and KING, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Petition denied by unpublished per curiam opinion.

René E. Browne, Michaelynn R. Ware, HOGAN & HARTSON, L.L.P.,

Washington, D.C., for Petitioner. Peter D. Keisler, Assistant

Attorney General, James Hunolt, OFFICE OF IMMIGRATION LITIGATION,

Sara Ann Ketchum, DEPARTMENT OF JUSTICE, Washington, D.C., for

Respondent.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Mistir Hailu, a native and citizen of Ethiopia, petitions

for review of an order of the Board of Immigration Appeals adopting

and affirming the immigration judge’s order on remand denying her

requests for asylum and withholding of removal. In her petition

for review, Hailu challenges the immigration judge’s determination

that she failed to establish her eligibility for asylum. To obtain

reversal of a determination denying eligibility for relief, an

alien “must show that the evidence [she] 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 (1992). We have reviewed the evidence of record and

conclude that Hailu fails to show that the evidence compels a

contrary result. Accordingly, we cannot grant the relief that she

seeks.

Because Hailu failed to establish that she had a well-

founded fear of persecution, she cannot meet the higher standard

required for withholding of removal as set forth in 8 U.S.C.

§ 1231(b)(3) (2000). See Camara v. Ashcroft, 378 F.3d 361, 367

(4th Cir. 2004). Since substantial evidence supports the

conclusion that Hailu is ineligible for asylum, she likewise fails

to qualify for withholding of removal.

Accordingly, we deny the petition for review. We

dispense with oral argument because the facts and legal contentions

- 2 -

are adequately presented in the materials before the court and

argument would not aid the decisional process.

PETITION DENIED

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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