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  • Abdullayev v. Holder, 4th Cir. (2010)

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    Vakhob Valiyevich Abdullayev, a native of Uzbekistan, petitioned for review of the Board of Immigration Appeals' denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture. The Fourth Circuit denied the petition. The court found that Abdullayev failed to establish that he had a well-founded fear of persecution if returned to Uzbekistan, as required for asylum. He also did not meet the higher burden of proof for withholding of removal. Additionally, Abdullayev did not demonstrate that it was more likely than not he would face torture upon removal, as required under the Convention Against Torture.

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    Filed: 2010-01-27 Precedential Status: Non-Precedential Docket: 09-1669

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    Vakhob Valiyevich Abdullayev, a native of Uzbekistan, petitioned for review of the Board of Immigration Appeals' denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture. The Fourth Circuit denied the petition. The court found that Abdullayev failed to establish that he had a well-founded fear of persecution if returned to Uzbekistan, as required for asylum. He also did not meet the higher burden of proof for withholding of removal. Additionally, Abdullayev did not demonstrate that it was more likely than not he would face torture upon removal, as required under the Convention Against Torture.

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    Abdullayev v. Holder, 4th Cir. (2010)

    Transféré par

    Scribd Government Docs
    Vakhob Valiyevich Abdullayev, a native of Uzbekistan, petitioned for review of the Board of Immigration Appeals' denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture. The Fourth Circuit denied the petition. The court found that Abdullayev failed to establish that he had a well-founded fear of persecution if returned to Uzbekistan, as required for asylum. He also did not meet the higher burden of proof for withholding of removal. Additionally, Abdullayev did not demonstrate that it was more likely than not he would face torture upon removal, as required under the Convention Against Torture.

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    sur 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-1669

    VAKHOB VALIYEVICH ABDULLAYEV,


    Petitioner,
    v.
    ERIC H. HOLDER, JR., Attorney General,
    Respondent.

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


    Appeals.

    Submitted:

    January 13, 2010

    Decided:

    January 27, 2010

    Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Vakhob Valiyevich Abdullayev, Petitioner Pro Se. George William


    Maugans, III, Assistant United States Attorney, Baltimore,
    Maryland; William Charles Peachey, Tyrone Sojourner, UNITED
    STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Vakhob Valiyevich Abdullayev, a native and citizen of
    Uzbekistan, petitions for review of an order of the Board of
    Immigration Appeals affirming the Immigration Judges denial of
    his applications for relief from removal.
    Abdullayev first challenges the determination that he
    failed to establish eligibility for asylum.
    of

    determination

    denying

    eligibility

    To obtain reversal

    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.
    (1992).
    that

    INS v. Elias-Zacarias, 502 U.S. 478, 483-84

    We have reviewed the evidence of record and conclude

    Abdullayev

    contrary

    fails

    result.

    Abdullayev

    cannot

    to

    show

    Having
    meet

    withholding of removal.

    that

    failed

    the

    more

    the
    to

    evidence

    qualify

    stringent

    compels

    for

    asylum,

    standard

    for

    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 Abdullayev failed to
    demonstrate that it is more likely than not that he would be
    tortured if removed to Uzbekistan.

    8 C.F.R. 1208.16(c)(2)

    (2009).
    Accordingly,
    dispense

    with

    oral

    we

    deny

    argument

    the

    petition

    because

    the

    for
    facts

    review.
    and

    We
    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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