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    1) Yun-Guan Zeng, a native of China, petitioned for review of the Board of Immigration Appeals' denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture. 2) The Fourth Circuit Court of Appeals found that substantial evidence supported the immigration judge's conclusion that Zeng failed to establish past persecution or a well-founded fear of future persecution as required for asylum. 3) The court also found no error in the Board's decision to affirm the immigration judge's oral decision without opinion and denied Zeng's petition for review.

    Original Description:

    Filed: 2004-05-04 Precedential Status: Non-Precedential Docket: 03-1686

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    1) Yun-Guan Zeng, a native of China, petitioned for review of the Board of Immigration Appeals' denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture. 2) The Fourth Circuit Court of Appeals found that substantial evidence supported the immigration judge's conclusion that Zeng failed to establish past persecution or a well-founded fear of future persecution as required for asylum. 3) The court also found no error in the Board's decision to affirm the immigration judge's oral decision without opinion and denied Zeng's petition for review.

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    Public Domain
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    Zeng v. Ashcroft, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    1) Yun-Guan Zeng, a native of China, petitioned for review of the Board of Immigration Appeals' denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture. 2) The Fourth Circuit Court of Appeals found that substantial evidence supported the immigration judge's conclusion that Zeng failed to establish past persecution or a well-founded fear of future persecution as required for asylum. 3) The court also found no error in the Board's decision to affirm the immigration judge's oral decision without opinion and denied Zeng's petition for review.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-1686

    YUN-GUAN ZENG,
    Petitioner,
    versus
    JOHN ASHCROFT, Attorney General,
    Respondent.

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


    Appeals. (A73-545-043)

    Submitted: April 19, 2004

    Decided:

    May 4, 2004

    Before LUTTIG, MOTZ, and SHEDD, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Yueh-Mei Wu Rowan, ROWAN & ASSOCIATES, P.C., Fairfax, Virginia, for


    Petitioner. Peter D. Keisler, Assistant Attorney General, David V.
    Bernal, Assistant Director, Regina Byrd, 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:
    Yun-Guan Zeng, a native and citizen of China, petitions
    for review of the Board of Immigration Appeals (Board) order
    affirming without opinion the immigration judges oral decision
    denying Zengs applications for asylum, withholding of removal, and
    withholding under the Convention Against Torture. We have reviewed
    the administrative record and the immigration judges decision,
    designated by the Board as the final agency determination, and find
    that

    substantial

    evidence

    supports

    the

    immigration

    judges

    conclusion that Zeng failed to establish the past persecution or


    well-founded fear of future persecution necessary to establish
    eligibility for asylum.

    See 8 C.F.R. 1208.13(a) (2003) (stating

    that the burden of proof is on the alien to establish eligibility


    for asylum); INS v. Elias-Zacarias, 502 U.S. 478, 483 (1992)
    (same).

    We will reverse the Board only if the evidence was so

    compelling that no reasonable fact finder could fail to find the


    requisite fear of persecution.

    Rusu v. INS, 296 F.3d 316, 325

    n.14 (4th Cir. 2002) (quoting Elias-Zacarias, 502 U.S. at 483-84).


    We do not find the record so compelling so as to reverse the Board.
    In addition, we find no error in the Boards decision to
    affirm without opinion the immigration judges oral decision.

    See

    Blanco de Belbruno v. Ashcroft, __ F.3d __, 2004 WL 603501 (4th


    Cir. Mar. 29, 2004).

    - 2 -

    We deny Zengs petition for review.


    oral

    argument

    because

    the

    facts

    and

    legal

    We dispense with
    contentions

    are

    adequately presented in the materials before the court and argument


    would not aid the decisional process.

    PETITION DENIED

    - 3 -

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