Samba v. Ashcroft

Fourth Circuit

Samba v. Ashcroft

82 F. App'x 858

CourtCourt of Appeals for the Fourth Circuit

DecidedDecember 23, 2003

Docket03-1267

StatusUnpublished

Cited by1 cases

This text of 82 F. App'x 858 (Samba v. Ashcroft) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Samba v. Ashcroft, 82 F. App'x 858 (4th Cir. 2003).

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Opinion

OPINION

PER CURIAM.

Bernard Titti Samba, a native and citizen of Cameroon, petitions for review of an order of the Board of Immigration Appeals (“Board”) affirming, without opinion, the immigration judge’s denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture. For the reasons discussed below, we deny the petition for review.

In his petition, Samba first challenges the immigration judge’s determination that he failed to establish his 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, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). We have reviewed the evidence of record and conclude that Samba fails to show the evidence compels a contrary result.

*859 Additionally, we uphold the immigration judge’s denial of Samba’s applications for withholding of removal and protection under the Convention Against Torture, both of which require the applicant to make a more stringent showing to qualify for relief. To qualify for withholding of removal, an applicant must demonstrate “a clear probability of persecution.” INS v. Cardoza-Fonseca, 480 U.S. 421, 430-31, 107 S.Ct. 1207, 94 L.Ed.2d 434 (1987). To obtain relief under the Convention Against Torture, an applicant must establish that “it is more likely than not that he or she would be tortured if removed to the proposed country of removal.” 8 C.F.R. § 1208.16(c)(2) (2003). Because Samba fails to show he is eligible for asylum, he cannot meet the higher standards for withholding of removal or protection under the Convention Against Torture.

Finally, Samba contends he was denied due process because the Board failed to consider on appeal new evidence not raised before the immigration judge. We find this claim is without merit.

Accordingly, we 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.

PETITION DENIED.

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OPINION

PER CURIAM.

Bernard Titti Samba, a native and citizen of Cameroon, petitions for review of an order of the Board of Immigration Appeals (“Board”) affirming, without opinion, the immigration judge’s denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture. For the reasons discussed below, we deny the petition for review.

In his petition, Samba first challenges the immigration judge’s determination that he failed to establish his 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, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). We have reviewed the evidence of record and conclude that Samba fails to show the evidence compels a contrary result.

*859 Additionally, we uphold the immigration judge’s denial of Samba’s applications for withholding of removal and protection under the Convention Against Torture, both of which require the applicant to make a more stringent showing to qualify for relief. To qualify for withholding of removal, an applicant must demonstrate “a clear probability of persecution.” INS v. Cardoza-Fonseca, 480 U.S. 421, 430-31, 107 S.Ct. 1207, 94 L.Ed.2d 434 (1987). To obtain relief under the Convention Against Torture, an applicant must establish that “it is more likely than not that he or she would be tortured if removed to the proposed country of removal.” 8 C.F.R. § 1208.16(c)(2) (2003). Because Samba fails to show he is eligible for asylum, he cannot meet the higher standards for withholding of removal or protection under the Convention Against Torture.

Finally, Samba contends he was denied due process because the Board failed to consider on appeal new evidence not raised before the immigration judge. We find this claim is without merit.

Accordingly, we 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.

PETITION DENIED.

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