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    The United States Court of Appeals for the Fourth Circuit denied Asegedech Mesfin Adoye's petition for review of the Board of Immigration Appeals' dismissal of her application for asylum. The court found that Adoye failed to provide evidence that would compel a contrary result to the determination that she was not eligible for asylum. Specifically, the evidence was not so compelling that no reasonable factfinder could fail to find the requisite fear of persecution. Therefore, the court denied Adoye's petition for relief.

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    Filed: 2005-02-16 Precedential Status: Non-Precedential Docket: 04-1715

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    The United States Court of Appeals for the Fourth Circuit denied Asegedech Mesfin Adoye's petition for review of the Board of Immigration Appeals' dismissal of her application for asylum. The court found that Adoye failed to provide evidence that would compel a contrary result to the determination that she was not eligible for asylum. Specifically, the evidence was not so compelling that no reasonable factfinder could fail to find the requisite fear of persecution. Therefore, the court denied Adoye's petition for relief.

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    2 views2 pages

    Adoye v. Gonzales, 4th Cir. (2005)

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    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit denied Asegedech Mesfin Adoye's petition for review of the Board of Immigration Appeals' dismissal of her application for asylum. The court found that Adoye failed to provide evidence that would compel a contrary result to the determination that she was not eligible for asylum. Specifically, the evidence was not so compelling that no reasonable factfinder could fail to find the requisite fear of persecution. Therefore, the court denied Adoye's petition for relief.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-1715

    ASEGEDECH MESFIN ADOYE,


    Petitioner,
    versus
    ALBERTO R. GONZALES, Attorney General,
    Respondent.

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


    Appeals. (A95-230-108)

    Submitted:

    January 26, 2005

    Decided:

    February 16, 2005

    Before WILKINSON, NIEMEYER, and LUTTIG, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Aragaw Mehari, Washington, D.C., for Petitioner. Peter D. Keisler,


    Assistant Attorney General, Terri J. Scadron, Assistant Director,
    William C. Erb, Jr., Office of Immigration Litigation, UNITED
    STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Asegedech Mesfin Adoye, a native and citizen of Ethiopia,
    petitions for review of an order of the Board of Immigration
    Appeals

    (Board)

    dismissing

    her

    appeal

    from

    the

    immigration

    judges denial of her application for asylum, withholding of


    removal, and protection under the Convention Against Torture.
    A determination that an alien is not eligible for asylum
    must be upheld unless that determination is manifestly contrary to
    law.

    8 U.S.C. 1252(b)(4)(C) (2000).

    We will reverse only if

    the evidence presented was so compelling that no reasonable


    factfinder could fail to find the requisite fear of persecution.
    Rusu v. INS, 296 F.3d 316, 325 n.14 (4th Cir. 2002) (quoting
    Huaman-Cornelio v. BIA, 979 F.2d 995, 999 (4th Cir. 1992) (internal
    quotation marks omitted)). We have reviewed the evidence of record
    and conclude Adoye fails to show that the evidence compels a
    contrary result.

    Accordingly, we cannot grant the relief Adoye

    seeks.*
    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

    Adoye does not challenge the denial of withholding from


    removal or withholding under the Convention Against Torture.
    - 2 -

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