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Haydar Ahmed Abd ALLA, Petitioner, v. John D. ASHCROFT, United States Attorney General, Respondent

United States Court of Appeals for the Fourth Circuit2004-04-16No. No. 03-1893
94 F. App'x 185

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Opinion

majority opinion

PER CURIAM:

Haydar Ahmed Abd Alla, a native and citizen of Sudan, petitions for review of an order of the Board of Immigration Appeals (“Board”) summarily affirming the immigration judge’s denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture.

On appeal, Alla challenges the immigration judge’s 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, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). We conclude that Alla fails to show that the evidence compels a contrary result. Accordingly, we cannot grant the relief that Alla seeks.

Additionally, we uphold the immigration judge’s denial of Alla’s applications for withholding of removal and protection under the Convention Against Torture. 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). We conclude that Alla has failed to meet either one of these standards.

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