Shitu Mohammed BESHIR, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.
No. 09-2234
United States Court of Appeals, Fourth Circuit
Decided: Sept. 10, 2010
394 Fed. Appx. 38
Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Shitu Mohammed Beshir, a native and citizen of Ethiopia, petitions for review of an order of the Board of Immigration Appeals affirming the Immigration Judge‘s denial of her applications for relief from removal.
Beshir first challenges the determination that she failed to establish eligibility for asylum. 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, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). We have reviewed the evidence of record and conclude that Beshir fails to show that the evidence compels a contrary result. Having failed to qualify for asylum, Beshir cannot meet the more stringent standard for withholding of removal. Chen v. INS, 195 F.3d 198, 205 (4th Cir.1999); INS v. Cardoza-Fonseca, 480 U.S. 421, 430, 107 S.Ct. 1207, 94 L.Ed.2d 434 (1987). Finally, we uphold the finding below that Beshir failed to demonstrate that it is more likely than not that she would be tortured if removed to Ethiopia.
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.
UNITED STATES of America, Plaintiff—Appellee, v. Aundra LOGAN, Defendant—Appellant.
No. 08-4853
United States Court of Appeals, Fourth Circuit
Decided: Sept. 10, 2010
394 Fed. Appx. 38
Richard A. McCoppin, McCoppin & Associates Attorneys at Law, P.A., Cary, North Carolina, for Appellant. George E.B. Holding, United States Attorney, Anne M. Hayes, Jennifer P. May-Parker, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee. Before WILKINSON, GREGORY, and SHEDD, Circuit Judges.
Unpublished opinions are not binding precedent in this circuit.
Aundra Logan pled guilty without a plea agreement to escape from custody, in violation of
We grant Logan‘s request for remand to allow the district court to reconsider Logan‘s sentence in light of Chambers. Logan‘s appellate brief indicates that he raises no issues on appeal other than a challenge to his designation as a career offender. Therefore, we affirm his conviction, vacate the sentence imposed by the district court, and remand for resentencing. 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.
AFFIRMED IN PART, VACATED IN PART, AND REMANDED.
UNITED STATES of America, Plaintiff—Appellee, v. Gary Edward NIXON, Defendant—Appellant.
No. 10-6134
United States Court of Appeals, Fourth Circuit
Decided: Sept. 13, 2010
394 Fed. Appx. 39
Gary Edward Nixon, Appellant Pro Se. Jennifer P. May-Parker, Rudolf A. Renfer, Jr., Assistant United States Attorneys, Raleigh, North Carolina, for Appellee. Before WILKINSON, NIEMEYER, and KING, Circuit Judges.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Gary Edward Nixon appeals the district court‘s order denying his motion for reduction of sentence pursuant to