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  • Awel v. Ashcroft, 4th Cir. (2004)

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    The United States Court of Appeals for the Fourth Circuit denied Nejiba Mustafa Awel's petition for review of the Board of Immigration Appeals' order affirming the immigration judge's denial of asylum. The court found that Awel failed to present evidence so compelling that no reasonable factfinder could fail to find the requisite fear of persecution. While Awel asserted that her testimony was credible and corroborated, establishing eligibility for asylum, the court concluded after reviewing the evidence of record that Awel failed to show the evidence compelled a contrary result. Therefore, the court denied the petition for review.

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    Filed: 2004-09-15 Precedential Status: Non-Precedential Docket: 04-1212

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    The United States Court of Appeals for the Fourth Circuit denied Nejiba Mustafa Awel's petition for review of the Board of Immigration Appeals' order affirming the immigration judge's denial of asylum. The court found that Awel failed to present evidence so compelling that no reasonable factfinder could fail to find the requisite fear of persecution. While Awel asserted that her testimony was credible and corroborated, establishing eligibility for asylum, the court concluded after reviewing the evidence of record that Awel failed to show the evidence compelled a contrary result. Therefore, the court denied the petition for review.

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    Public Domain
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    5 views2 pages

    Awel v. Ashcroft, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit denied Nejiba Mustafa Awel's petition for review of the Board of Immigration Appeals' order affirming the immigration judge's denial of asylum. The court found that Awel failed to present evidence so compelling that no reasonable factfinder could fail to find the requisite fear of persecution. While Awel asserted that her testimony was credible and corroborated, establishing eligibility for asylum, the court concluded after reviewing the evidence of record that Awel failed to show the evidence compelled a contrary result. Therefore, the court denied the petition for review.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-1212

    NEJIBA MUSTAFA AWEL,


    Petitioner,
    versus
    JOHN ASHCROFT, Attorney General,
    Respondent.

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


    Appeals. (A79-507-703)

    Submitted:

    August 25, 2004

    Decided:

    September 15, 2004

    Before LUTTIG, WILLIAMS, and GREGORY, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Shifa D. Soressa, New York, New York, for Petitioner. Peter D.


    Keisler, Assistant Attorney General, James A. Hunolt, Senior
    Litigation Counsel, Song E. Park, 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:
    Nejiba Mustafa Awel, a native and citizen of Ethiopia,
    petitions for review of an order of the Board of Immigration
    Appeals affirming the immigration judges denial of asylum.

    For

    the reasons discussed below, we deny the petition for review.


    Awel
    corroborated,

    asserts
    and

    was

    eligibility for asylum.

    that

    her

    testimony

    was

    credible

    and

    therefore

    sufficient

    to

    establish

    her

    To obtain reversal of a determination

    denying eligibility 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.


    INS v. Elias-Zacarias, 502 U.S. 478, 483-84 (1992).

    We have

    reviewed the evidence of record and conclude that Awel fails to


    show that the evidence compels a contrary result.
    Accordingly, we grant the motion to file a supplemental
    appendix but 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

    - 2 -

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