189 F. App'x 226

JIN FENG XU, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 05-2171.

United States Court of Appeals, Fourth Circuit.

Submitted: June 23, 2006.

Decided: July 11, 2006.

Henry Zhang, Zhang and Associates, P.C., New York, New York, for Petitioner. Rod J. Rosenstein, United States Attorney, Jonathan Biran, Assistant United States Attorney, Baltimore, Maryland, for Respondent.

Before WIDENER, NIEMEYER, and TRAXLER, Circuit Judges.

Petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Jin Feng Xu, a native and citizen of the People’s Republic of China, petitions for review of an order of the Board of Immigration Appeals (Board) affirming the immigration judge’s denial of her requests for asylum, withholding of removal, and protection under the Convention Against Torture.*

In her petition for review, Xu contends that the Board and the immigration judge erred in denying her application for withholding of removal. 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.” INS v. Elias-Zacarias, 502 U.S. 478, 483-84, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). Credibility determinations of the immigration judge and the Board are entitled to deference as long as they are supported by substantial evidence. See Figeroa v. INS, 886 F.2d 76, 78 (4th Cir.1989). *227Based upon the materials before us on appeal, the immigration judge’s decision, and the Board’s order, we find the evidence supports the Board’s and the immigration judge’s conclusion that Xu was not credible. Accordingly, Xu’s challenge to the denial of her application for withholding from removal must fail. We further uphold the determination that Xu’s asylum application was frivolous. See 8 C.F.R. § 1208.20(2006).

We therefore 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

Jin Feng Xu v. Gonzales
189 F. App'x 226

Case Details

Name
Jin Feng Xu v. Gonzales
Decision Date
Jul 11, 2006
Citations

189 F. App'x 226

Jurisdiction
United States

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