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  • Jianwen Huang v. Eric Holder, JR., 4th Cir. (2013)

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    The United States Court of Appeals for the Fourth Circuit denied Jianwen Huang's petition for review of the Board of Immigration Appeals' decision dismissing his appeal of the Immigration Judge's denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture. The court found that Huang failed to establish eligibility for asylum or demonstrate that it is more likely than not he would be tortured if removed to China. Therefore, the court denied the petition for review without oral argument.

    Original Description:

    Filed: 2013-01-07 Precedential Status: Non-Precedential Docket: 12-1539

    Original Title

    Jianwen Huang v. Eric Holder, Jr., 4th Cir. (2013)

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    The United States Court of Appeals for the Fourth Circuit denied Jianwen Huang's petition for review of the Board of Immigration Appeals' decision dismissing his appeal of the Immigration Judge's denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture. The court found that Huang failed to establish eligibility for asylum or demonstrate that it is more likely than not he would be tortured if removed to China. Therefore, the court denied the petition for review without oral argument.

    Copyright:

    Public Domain
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    4 views3 pages

    Jianwen Huang v. Eric Holder, JR., 4th Cir. (2013)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit denied Jianwen Huang's petition for review of the Board of Immigration Appeals' decision dismissing his appeal of the Immigration Judge's denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture. The court found that Huang failed to establish eligibility for asylum or demonstrate that it is more likely than not he would be tortured if removed to China. Therefore, the court denied the petition for review without oral argument.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-1539

    JIANWEN HUANG,
    Petitioner,
    v.
    ERIC H. HOLDER, JR.,
    Respondent.

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


    Appeals.

    Submitted:

    December 17, 2012

    Decided:

    January 7, 2013

    Before NIEMEYER, SHEDD, and DAVIS, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    June Zhou, LAW OFFICES OF JUNE ZHOU, PLLC, Deerfield Beach,


    Florida, for Petitioner. Stuart F. Delery, Acting Assistant
    Attorney General, Richard M. Evans, Assistant Director, Allen W.
    Hausman, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.,
    for Respondent.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Jianwen

    Huang,

    native

    and

    citizen

    of

    China,

    petitions for review of an order of the Board of Immigration


    Appeals

    dismissing

    his

    appeal

    from

    the

    Immigration

    Judges

    denial of his applications for relief from removal.


    Huang

    first

    challenges

    the

    determination

    failed to establish eligibility for asylum.


    of

    determination

    denying

    eligibility

    for

    that

    he

    To obtain reversal
    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).

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

    We have reviewed the evidence of record and Huangs

    claims and conclude that Huang fails to show that the evidence
    compels a contrary result.

    Having failed to qualify for asylum,

    Huang 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 (1987).

    Finally, we uphold

    the finding below that Huang failed to demonstrate that it is


    more likely than not that he would be tortured if removed to
    China.

    8 C.F.R. 1208.16(c)(2) (2012).


    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

    this court and argument would not aid the decisional process.

    PETITION DENIED

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