Asrat Awoke CHERU, Petitioner, v. John ASHCROFT, United States Attorney General, Respondent, 120 F. App'x 451

PER CURIAM. Asrat Awoke Cheru, a native and citizen of Ethiopia, petitions for review of the Board of Immigration Appeals’ order affirming without opinion the immigration judge’s decision denying asylum and withholding from removal. For the reasons discussed below, 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 Cheru 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). Because the decision in this case is not manifestly contrary to law, we cannot grant the relief Cheru seeks. 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 Cheru does not challenge the denial of his application for withholding from removal.