Scribd Logo
Upload

Welcome to Scribd!

  • 10 views

    Taboh v. Mukasey, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit denied Evodia Kah Taboh's petition for review of the Board of Immigration Appeals' (BIA) decision dismissing her appeal from the immigration judge's denial of her applications for asylum, withholding of removal, and protection under the Convention Against Torture. The Court found that substantial evidence supported the BIA's finding that Taboh failed to establish a nexus between the alleged persecution and a protected ground, as required to support a grant of asylum. As Taboh did not meet the burden for asylum, she also did not meet the higher burden for withholding of removal. Additionally, the Court upheld the finding that Taboh failed to show it was more likely than not she

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd

    Taboh v. Mukasey, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    10 views3 pages
    The United States Court of Appeals for the Fourth Circuit denied Evodia Kah Taboh's petition for review of the Board of Immigration Appeals' (BIA) decision dismissing her appeal from the immigration judge's denial of her applications for asylum, withholding of removal, and protection under the Convention Against Torture. The Court found that substantial evidence supported the BIA's finding that Taboh failed to establish a nexus between the alleged persecution and a protected ground, as required to support a grant of asylum. As Taboh did not meet the burden for asylum, she also did not meet the higher burden for withholding of removal. Additionally, the Court upheld the finding that Taboh failed to show it was more likely than not she

    Original Description:

    Filed: 2008-07-14 Precedential Status: Non-Precedential Docket: 07-1518

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The United States Court of Appeals for the Fourth Circuit denied Evodia Kah Taboh's petition for review of the Board of Immigration Appeals' (BIA) decision dismissing her appeal from the immigration judge's denial of her applications for asylum, withholding of removal, and protection under the Convention Against Torture. The Court found that substantial evidence supported the BIA's finding that Taboh failed to establish a nexus between the alleged persecution and a protected ground, as required to support a grant of asylum. As Taboh did not meet the burden for asylum, she also did not meet the higher burden for withholding of removal. Additionally, the Court upheld the finding that Taboh failed to show it was more likely than not she

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    10 views3 pages

    Taboh v. Mukasey, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit denied Evodia Kah Taboh's petition for review of the Board of Immigration Appeals' (BIA) decision dismissing her appeal from the immigration judge's denial of her applications for asylum, withholding of removal, and protection under the Convention Against Torture. The Court found that substantial evidence supported the BIA's finding that Taboh failed to establish a nexus between the alleged persecution and a protected ground, as required to support a grant of asylum. As Taboh did not meet the burden for asylum, she also did not meet the higher burden for withholding of removal. Additionally, the Court upheld the finding that Taboh failed to show it was more likely than not she

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-1518

    EVODIA KAH TABOH,


    Petitioner,
    v.
    MICHAEL B. MUKASEY, Attorney General,
    Respondent.

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


    Appeals.

    Submitted:

    March 17, 2008

    Decided:

    July 14, 2008

    Before KING, GREGORY, and SHEDD, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Theodore Nkwenti, Silver Spring, Maryland, for Petitioner.


    Peter D. Keisler, Assistant Attorney General, Barry J. Pettinato,
    Assistant Director, Kristin A. Moresi, Office of Immigration
    Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.,
    for Respondent.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Evodia Kah Taboh, a native and citizen of Cameroon,
    petitions for review of a decision of the Board of Immigration
    Appeals

    (Board)

    dismissing

    her

    appeal

    from

    the

    immigration

    judges order finding her removable and denying her applications


    for asylum, withholding of removal, and protection under the
    Convention Against Torture.
    We

    have

    reviewed

    We deny the petition for review.


    the

    administrative

    record,

    the

    immigration judges decision, and the Boards affirmance thereof,


    and find that substantial evidence supports the Boards ruling that
    Taboh failed to establish a nexus between the alleged persecution
    and a protected ground.

    See 8 C.F.R. 1208.13(a) (2007) (stating

    that burden of proof is on alien to establish eligibility for


    asylum); INS v. Elias-Zacarias, 502 U.S. 478, 483 (1992) (same).
    Such a causal nexus is required to support the grant of asylum.

    U.S.C. 1101(a)(42)(A) (2000); Saldarriaga v. Gonzales, 402 F.3d


    461, 466 (4th Cir. 2005).
    Moreover, as Taboh cannot sustain her burden on the
    asylum claim, she cannot establish her entitlement to withholding
    of removal.

    See Camara v. Ashcroft, 378 F.3d 361, 367 (4th Cir.

    2004) (Because the burden of proof for withholding of removal is


    higher than for asylum even though the facts that must be proved
    are the same an applicant who is ineligible for asylum is
    necessarily

    ineligible

    for

    withholding

    - 2 -

    of

    removal

    under

    [8

    U.S.C.A.] 1231(b)(3) [(West 2005)].).

    In addition, we uphold

    the finding that Taboh failed to establish that it was more likely
    than not that she would be tortured if removed to Cameroon.

    See 8

    C.F.R. 1208.16(c)(2) (2007).


    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

    - 3 -

    You might also like