Paul Alfred BIEN-AIME, Petitioner, v. John ASHCROFT, Attorney General of the United States, Respondent, 121 F. App'x 524

PER CURIAM: Paul Alfred Bien-Aimé, a native and citizen of Haiti, petitions for review of the Board of Immigration Appeals’s (Board) order denying him asylum and 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.’ ” Rusu v. INS, 296 F.3d 316, 325 n. 14 (4th Cir.2002) (quoting INS v. Elias-Zacarias, 502 U.S. 478, 483-84, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992)).

We have reviewed the administrative record, the immigration judge’s decision, and the Board’s order and find substantial evidence supports the conclusion that Bien-Aimé failed to establish the past persecution or well-founded fear of future persecution necessary to establish eligibility for asylum. See 8 C.F.R. § 1208.13(a) (2004) (stating that the burden of proof is on the alien to establish eligibility for asylum); Elias-Zacarias, 502 U.S. at 483, 112 S.Ct. 812 (same). Next, we uphold the Board’s denial of Bien-Aimé’s application for withholding of removal.

The standard for withholding or removal is “more stringent than that for asylum eligibility.” Chen v. INS, 195 F.3d 198, 205 (4th Cir.1999). An applicant for withholding must demonstrate a clear probability of persecution. INS v. Cardoza-Fonseca, 480 U.S. 421, 430, 107 S.Ct. 1207, 94 L.Ed.2d 434 (1987). As Bien-Aimé failed to establish refugee status, he cannot satisfy the higher standard necessary for withholding. Accordingly, we deny Bien-Aimé’s 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