Filed: May 09, 2006
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-2305 JINXIANG CHEN, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A97-636-046) Submitted: April 26, 2006 Decided: May 9, 2006 Before NIEMEYER, WILLIAMS, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Dehai Zhang, New York, New York, for Petitioner. Rod J. Rosenstein, United States Attorney, Neil R
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-2305 JINXIANG CHEN, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. (A97-636-046) Submitted: April 26, 2006 Decided: May 9, 2006 Before NIEMEYER, WILLIAMS, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Dehai Zhang, New York, New York, for Petitioner. Rod J. Rosenstein, United States Attorney, Neil R...
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-2305
JINXIANG CHEN,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A97-636-046)
Submitted: April 26, 2006 Decided: May 9, 2006
Before NIEMEYER, WILLIAMS, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Dehai Zhang, New York, New York, for Petitioner. Rod J.
Rosenstein, United States Attorney, Neil R. White, Assistant United
States Attorney, Baltimore, Maryland, for Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jinxiang 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) affirming the immigration judge’s
denial of his requests for asylum, withholding of removal, and
protection under the Convention Against Torture.*
In his petition for review, Chen contends that the Board
and the immigration judge erred in denying his application for
withholding of removal. “To qualify for withholding of removal, a
petitioner must show that he faces a clear probability of
persecution because of his race, religion, nationality, membership
in a particular social group, or political opinion.” Rusu v. INS,
296 F.3d 316, 324 n.13 (4th Cir. 2002) (citing INS v. Stevic,
467
U.S. 407, 430 (1984)). Based on our review of the record, we find
that Chen failed to make the requisite showing before the
immigration court. We therefore uphold the denial of his request
for withholding of removal.
*
Chen does not challenge the Board’s finding that his asylum
claim was statutorily barred as untimely. Further, as he raised no
specific claim regarding the Convention Against Torture either here
or before the Board, any such claim fails for lack of exhaustion,
see 8 U.S.C. § 1252(d)(1) (2000) (“A court may review a final order
of removal only if the alien has exhausted all administrative
remedies available to the alien as of right”); Asika v. Ashcroft,
362 F.3d 264, 267 n.3 (4th Cir. 2004) (holding that we lack
jurisdiction to consider an argument that was not raised before the
Board), and as abandoned in this court, see Edwards v. City of
Goldsboro,
178 F.3d 231, 241 n.6 (4th Cir. 1999) (holding failure
to raise specific issue in opening brief constitutes abandonment of
that issue under Fed. R. App. P. 28(a)(9)(A)).
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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
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