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  • Getahun v. INS, 4th Cir. (2003)

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    1) Meheret Getahun, a citizen of Ethiopia, petitioned for review of the Board of Immigration Appeals' (BIA) denial of her motion to reopen deportation proceedings based on a claim for protection under the UN Convention Against Torture. 2) Getahun argued that the BIA improperly applied the asylum standard rather than the Convention Against Torture standard in assessing her claim. She also argued the BIA failed to properly consider country conditions evidence in finding she did not establish it is more likely than not she would face torture if returned to Ethiopia. 3) The Fourth Circuit Court of Appeals concluded that the BIA applied the correct legal standard and did not abuse its discretion in

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    Filed: 2003-02-14 Precedential Status: Non-Precedential Docket: 02-1772

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    1) Meheret Getahun, a citizen of Ethiopia, petitioned for review of the Board of Immigration Appeals' (BIA) denial of her motion to reopen deportation proceedings based on a claim for protection under the UN Convention Against Torture. 2) Getahun argued that the BIA improperly applied the asylum standard rather than the Convention Against Torture standard in assessing her claim. She also argued the BIA failed to properly consider country conditions evidence in finding she did not establish it is more likely than not she would face torture if returned to Ethiopia. 3) The Fourth Circuit Court of Appeals concluded that the BIA applied the correct legal standard and did not abuse its discretion in

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    1 views2 pages

    Getahun v. INS, 4th Cir. (2003)

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    Scribd Government Docs
    1) Meheret Getahun, a citizen of Ethiopia, petitioned for review of the Board of Immigration Appeals' (BIA) denial of her motion to reopen deportation proceedings based on a claim for protection under the UN Convention Against Torture. 2) Getahun argued that the BIA improperly applied the asylum standard rather than the Convention Against Torture standard in assessing her claim. She also argued the BIA failed to properly consider country conditions evidence in finding she did not establish it is more likely than not she would face torture if returned to Ethiopia. 3) The Fourth Circuit Court of Appeals concluded that the BIA applied the correct legal standard and did not abuse its discretion in

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-1772

    MEHERET GETAHUN,
    Petitioner,
    versus
    U.S. IMMIGRATION
    JOHN ASHCROFT,

    &

    NATURALIZATION

    SERVICE;
    Respondents.

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


    Appeals. (A74-290-637)

    Submitted:

    January 23, 2003

    Decided:

    February 14, 2003

    Before WIDENER, LUTTIG, and TRAXLER, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Lynda V. Rice, CAROLYN C. EAGLIN & ASSOCIATES, Alexandria,


    Virginia; Arthur D. Wright, III, THE WRIGHT LAW NETWORK,
    Washington, D.C., for Petitioner.
    Robert D. McCallum, Jr.,
    Assistant Attorney General, Emily Anne Radford, Assistant Director,
    Michele Y. F. Sarko, Office of Immigration Litigation, Civil
    Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.,
    for Respondents.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Meheret Getahun, a native and citizen of Ethiopia, petitions
    for review of a final order of the Board of Immigration Appeals
    (Board) denying her motion to reopen deportation proceedings based
    on a claim for protection under the United Nations Convention
    Against Torture and Other Cruel, Inhuman, or Degrading Treatment or
    Punishment. Getahun contends that the Board improperly applied the
    asylum standard in assessing this claim and failed to give proper
    weight to relevant country conditions in finding that she failed to
    establish a prima facie case that it is more likely than not she
    would suffer torture if she returned to Ethiopia. We have reviewed
    the administrative record and the Boards decision.

    We conclude

    that the Board applied the correct standard in evaluating Getahuns


    claim, and did not abuse its discretion in denying the motion to
    reopen.

    See Stewart v. INS, 181 F.3d 587, 595 (4th Cir. 1999); 8

    C.F.R. 208.16(c)(2) (2002).


    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

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