# Ren v. Holder

> Court of Appeals for the Fourth Circuit · October 21, 2009 · 347 F. App'x 975

URL: https://www.frixlaw.com/law-library/cases/1030474

## Case

- **Full name:** Biao REN, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** October 21, 2009
- **Citations:** 347 F. App'x 975
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Gregory, Duncan, Agee
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

UNPUBLISHED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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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

2
contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.

PETITION DENIED

3

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1030474. Public record. Not legal advice.