177 F. App'x 291

Xiu Qin SU, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 05-2067.

United States Court of Appeals, Fourth Circuit.

Submitted: March 18, 2006.

Decided: April 19, 2006.

Stuart Altman, Law Office of Stuart Altman, New York, New York, for Petitioner. Peter D. Keisler, Assistant Attorney General, M. Jocelyn Lopez Wright, Assistant Director, Daniel E. Goldman, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.

Before LUTTIG, MICHAEL, and DUNCAN, 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Petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.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:

Xiu Qin Su, a native and citizen of the People’s Republic of China, petitions for review of the Board of Immigration Appeals’ order affirming without opinion the immigration judge’s decision denying asylum.* We deny the petition for review.

The decision to grant or deny asylum relief is conclusive “unless manifestly contrary to the law and an abuse of discretion.” 8 U.S.C. § 1252(b)(4)(D) (2000). We have reviewed the immigration judge’s decision and the administrative record and find the record supports the conclusion that Su failed to establish past persecution or a well founded fear of persecution. See 8 C.F.R. § 1208.13(a) (2004) (stating that the burden of proof is on the alien to establish his eligibility for asylum); INS v. Elias-Zacarias, 502 U.S. 478, 483, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). The record does not compel a different result.

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

Xiu Qin Su v. Gonzales
177 F. App'x 291

Case Details

Name
Xiu Qin Su v. Gonzales
Decision Date
Apr 19, 2006
Citations

177 F. App'x 291

Jurisdiction
United States

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