Jacinta Fon v. Eric Holder, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: A097-204-839 Copies to all parties and the district court/agency. [999710218].. [15-1129]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-1129

JACINTA NEH FON,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.

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

Submitted:

November 19, 2015

Decided:

December 2, 2015

Before WILKINSON and WYNN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Petition dismissed in part and denied in part by unpublished per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

Ronald D. Richey, LAW OFFICE OF RONALD D. RICHEY, Rockville,
Maryland, for Petitioner.
Benjamin C. Mizer, Principal Deputy
Assistant
Attorney
General,
Song
Park,
Senior
Litigation
Counsel, Brendan P. Hogan, 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Unpublished opinions are not binding precedent in this circuit.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:
Jacinta

Neh

Fon,

a

native

and

citizen

of

Cameroon,

petitions for review of an order of the Board of Immigration
Appeals

(Board)

Judge’s

denial

dismissing
of

her

her

appeal

requests

for

from

the

asylum,

Immigration

withholding

of

removal and protection under the Convention Against Torture.
Fon first challenges the agency’s determination that her
asylum

application

is

time-barred,

qualified for asylum.

and

contends

that

she

See 8 U.S.C. § 1158(a)(2)(B) (2012); 8

C.F.R. § 1208.4(a)(2) (2015).

We lack jurisdiction to review

this determination pursuant to 8 U.S.C. § 1158(a)(3) (2012), and
find that Fon has not raised any claims that would fall under
the exception set forth in 8 U.S.C. § 1252(a)(2)(D) (2012).
Gomis

v.

Holder,

571

F.3d

353,

358-59

(4th

Cir.

See

2009).

Accordingly, we dismiss the petition for review with respect to
Fon’s asylum claim.
Fon next contends that the agency erred in finding that she
failed to establish eligibility for withholding of removal or
protection

under

thoroughly

reviewed

evidence

does

not

the

Convention

the

record

compel

a

Against
and

ruling

Torture.

conclude

that

contrary

to

We
the
any

have
record

of

the

agency’s factual findings, see 8 U.S.C. § 1252(b)(4)(B) (2012),
and

that

substantial

evidence

See Gomis, 571 F.3d at 359.

supports

the

Board’s

decision.

Accordingly, we deny the petition
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for review in part for the reasons stated by the Board.

See In

re: Fon (B.I.A. Jan. 9, 2015).
We therefore dismiss in part and deny in part the petition
for review.

We dispense with oral argument because the facts

and legal contentions are adequately presented in the materials
before this court, and argument would not aid the decisional
process.
PETITION DISMISSED IN PART
AND DENIED IN PART

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