Feng Chen v. Eric Holder, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: A087-462-977. Copies to all parties and the district court/agency. [999172250]. Mailed to: Feng Chen. [13-1294]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-1294

FENG YAN CHEN,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.

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

Submitted:

August 5, 2013

Decided:

August 14, 2013

Before WILKINSON, DUNCAN, and THACKER, Circuit Judges.

Petition dismissed in part and denied in part by unpublished per
curiam opinion.

Feng Yan Chen, Petitioner Pro Se. Stuart F. Delery, Acting
Assistant Attorney General, William C. Peachey, Assistant
Director, Jem C. Sponzo, Office of Immigration Litigation,
UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for
Respondent.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Feng Yan Chen, a native and citizen of the People’s
Republic of China, petitions for review of an order of the Board
of Immigration Appeals (“Board”) dismissing her appeal from the
immigration
withholding

judge’s
of

denial

removal,

and

of

her

protection

requests
under

for
the

asylum,

Convention

Against Torture.
We first note that the agency denied Chen’s request
for asylum on the ground that she failed to establish by clear
and convincing evidence that she filed her asylum application
within one year of her arrival in the United States, and failed
to establish either changed or extraordinary circumstances to
excuse

the

late

filing

of

her

application.

8

§ 1158(a)(2)(B) (2006); 8 C.F.R. § 1208.4(a)(2) (2013).

U.S.C.
We lack

jurisdiction to review this determination pursuant to 8 U.S.C.
§ 1158(a)(3) (2006), and find that Chen has failed to raise a
constitutional claim or question of law that would fall under
the exception set forth in 8 U.S.C. § 1252(a)(2)(D) (2006).
Gomis v. Holder, 571 F.3d 353, 358-59 (4th Cir. 2009).

See
Given

this jurisdictional bar, we cannot review the underlying merits
of her asylum claims.

Accordingly, we dismiss this portion of

the petition for review.
Chen also contends that the agency erred in denying
her request for withholding of removal.
2

“Withholding of removal

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is available under 8 U.S.C. § 1231(b)(3) if the alien shows that
it is more likely than not that her life or freedom would be
threatened

in

the

country

of

removal

because

of

her

race,

religion, nationality, membership in a particular social group,
or

political

opinion.”

Gomis,

571

F.3d

omitted); see 8 U.S.C. § 1231(b)(3) (2006).

at

359

(citations

An alien “must show

a ‘clear probability of persecution’ on account of a protected
ground.”

Djadjou v. Holder, 662 F.3d 265, 272 (4th Cir. 2011)

(quoting INS v. Stevic, 467 U.S. 407, 430 (1984)), cert. denied,
133 S. Ct. 788 (2012).
conclude

that

Based on our review of the record, we

substantial

evidence

supports

the

finding

that

Chen failed to establish that she faces a clear probability of
persecution in China based upon her religion. ∗
Accordingly,

we

dismiss

the

petition

for

review

in

part and deny the petition for review in part.

We dispense with

oral

contentions

argument

adequately

because

presented

in

the
the

facts

and

materials

legal
before

the

court

are
and

argument would not aid the decisional process.

PETITION DISMISSED IN PART
AND DENIED IN PART
∗

Chen has failed to raise any challenges to the denial of
her request for protection under the Convention Against Torture.
She has therefore waived appellate review of this claim.
See
Ngarurih v. Ashcroft, 371 F.3d 182, 189 n.7 (4th Cir. 2004).

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