The opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1190
BIAO REN,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: October 7, 2009 Decided: October 21, 2009
Before GREGORY, DUNCAN, and AGEE, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Michael Brown, New York, New York, for Petitioner. Tony West,
Assistant Attorney General, John C. Hogan, Senior Litigation
Counsel, Kiley L. Kane, OFFICE OF IMMIGRATION LITIGATION,
Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Biao Ren, a native and citizen of China, petitions for
review of an order of the Board of Immigration Appeals affirming
the Immigration Judge’s denial of his applications for relief
from removal.
Ren first challenges the determination that he failed
to establish eligibility for asylum. 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
(1992). We have reviewed the evidence of record and conclude
that Ren fails to show that the evidence compels a contrary
result. Having failed to qualify for asylum, Ren cannot meet
the more stringent standard for withholding of removal. Chen v.
INS, 195 F.3d 198, 205 (4th Cir. 1999); INS v. Cardoza-Fonseca,
480 U.S. 421, 430 (1987). Finally, we uphold the finding below
that Ren failed to demonstrate that it is more likely than not
that he would be tortured if removed to China. 8 C.F.R.
§ 1208.16(c)(2) (2009).
Accordingly, we deny the petition for review. We
dispense with oral argument because the facts and legal
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contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
PETITION DENIED
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