Ehitemariam Tsehay ANDUALEM, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent, 125 F. App'x 502

PER CURIAM. Ehitemariam Tsehay Andualem, a native and citizen of Ethiopia, petitions for review of an order of the Board of Immigration Appeals (Board) affirming, without opinion, the immigration judge’s denial of her application for asylum, withholding of removal, and protection under the Convention Against Torture. The Board affirmed the ruling of the immigration judge that Andualem was not a credible witness and did not sustain her burden of proof.

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 Andualem fails to show that the evidence compels a contrary result.

Nor can Andualem show that she was entitled to withholding of removal under 8 U.S.C. § 1231(b)(3) (2000). “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 of removal under [8 U.S.C.] § 1231(b)(3).” Camara v. Ashcroft, 378 F.3d 361, 367 (4th Cir.2004). 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 Andualem raises no claim on appeal regarding the Convention against Torture. Therefore, she has abandoned this claim. See United States v. Al-Hamdi, 356 F.3d 564, 571 n. 8 (4th Cir.2004); Edwards v. City of Goldsboro, 178 F.3d 231, 241 n. 6 (4th Cir.1999).