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    The United States Court of Appeals for the Fourth Circuit denied Kofi Amakona's petition for review of the Board of Immigration Appeals' decision affirming the Immigration Judge's denial of asylum and withholding of removal. The court found that Amakona failed to present evidence that compelled a finding that he had a well-founded fear of persecution if returned to Ghana. As Amakona did not qualify for asylum, he could not meet the higher standard for withholding of removal. The court also upheld the finding that Amakona did not demonstrate eligibility for protection under the Convention Against Torture. Therefore, the court denied Amakona's petition for review.

    Original Description:

    Filed: 2010-05-17 Precedential Status: Non-Precedential Docket: 09-1494

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    The United States Court of Appeals for the Fourth Circuit denied Kofi Amakona's petition for review of the Board of Immigration Appeals' decision affirming the Immigration Judge's denial of asylum and withholding of removal. The court found that Amakona failed to present evidence that compelled a finding that he had a well-founded fear of persecution if returned to Ghana. As Amakona did not qualify for asylum, he could not meet the higher standard for withholding of removal. The court also upheld the finding that Amakona did not demonstrate eligibility for protection under the Convention Against Torture. Therefore, the court denied Amakona's petition for review.

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    Public Domain
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    11 views3 pages

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

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit denied Kofi Amakona's petition for review of the Board of Immigration Appeals' decision affirming the Immigration Judge's denial of asylum and withholding of removal. The court found that Amakona failed to present evidence that compelled a finding that he had a well-founded fear of persecution if returned to Ghana. As Amakona did not qualify for asylum, he could not meet the higher standard for withholding of removal. The court also upheld the finding that Amakona did not demonstrate eligibility for protection under the Convention Against Torture. Therefore, the court denied Amakona's petition for review.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-1494

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

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


    Appeals.

    Submitted:

    March 18, 2010

    Decided:

    May 17, 2010

    Before MOTZ, GREGORY, and DAVIS, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Kofi Amakona, Petitioner


    Litigation Counsel, Theo
    Litigation, UNITED STATES
    D.C., for Respondent.

    Pro Se. Carol Federighi, Senior


    Nickerson, Office of Immigration
    DEPARTMENT OF JUSTICE, Washington,

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Kofi Amakona, a native and citizen of Ghana, petitions
    for

    review

    of

    an

    order

    of

    the

    Board

    of

    Immigration

    Appeals

    affirming the Immigration Judges denial of his applications for


    relief from removal.
    Amakona challenges the determination that he failed to
    establish

    eligibility

    determination

    denying

    for

    asylum.

    eligibility

    To
    for

    obtain

    relief,

    reversal
    an

    of

    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).

    INS

    v.

    Elias-Zacarias,

    502

    U.S.

    478,

    483-84

    We have reviewed the evidence of record and conclude

    that Amakona fails to show that the evidence compels a contrary


    result.

    Having failed to qualify for asylum, Amakona cannot

    meet the more stringent standard for withholding of removal.


    Chen

    v.

    INS,

    195

    F.3d

    198,

    205

    (4th

    Cir.

    Cardoza-Fonseca, 480 U.S. 421, 430 (1987).

    1999);

    INS

    v.

    Finally, we uphold

    the finding below that Amakona did not demonstrate eligibility


    for

    protection

    under

    the

    Convention

    Against

    Torture.

    See

    C.F.R. 1208.16(c)(2), (3) (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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