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Akwi v. Holder

United States Court of Appeals, Fourth Circuit
May 12, 2011
428 F. App'x 238 (4th Cir. 2011)

Opinion

No. 10-1876.

Submitted: April 25, 2011.

Decided: May 12, 2011.

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

Irena I. Karpinski, Law Offices of Irena I. Karpinski, Washington, D.C., for Petitioner. Tony West, Assistant Attorney General, Linda S. Wernery, Assistant Director, Susan Bennett Green, United States Department of Justice, Washington, D.C., for Respondent.

Before SHEDD, DUNCAN, and DAVIS, Circuit Judges.

Petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Maurine E. Akwi, a native and citizen of Cameroon, petitions for review of an order of the Board of Immigration Appeals dismissing her appeal from the Immigration Judge's denial of her applications for relief from removal.

Akwi first challenges the determination that she 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 fact-finder 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 Akwi fails to show that the evidence compels a contrary result. See 8 U.S.C. § 1158(b)(1)(B)(iii) (2006).

Having failed to qualify for asylum, Akwi 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, 107 S.Ct. 1207, 94 L.Ed.2d 434 (1987). Finally, we uphold the finding below that Akwi failed to demonstrate that it is more likely than not that she would be tortured if removed to Cameroon. 8 C.F.R. § 1208.16(c)(2) (2010).

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.


Summaries of

Akwi v. Holder

United States Court of Appeals, Fourth Circuit
May 12, 2011
428 F. App'x 238 (4th Cir. 2011)
Case details for

Akwi v. Holder

Case Details

Full title:Maurine E. AKWI, Petitioner, v. Eric H. HOLDER, Jr., Attorney General…

Court:United States Court of Appeals, Fourth Circuit

Date published: May 12, 2011

Citations

428 F. App'x 238 (4th Cir. 2011)