Filed: Apr. 12, 2011
Latest Update: Feb. 22, 2020
Summary: 10-362-ag Zheng v. Holder BIA Vomacka, IJ A099 001 850 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE
Summary: 10-362-ag Zheng v. Holder BIA Vomacka, IJ A099 001 850 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE N..
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10-362-ag
Zheng v. Holder
BIA
Vomacka, IJ
A099 001 850
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
SUMMARY ORDER
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER
FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF
APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER
IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN
ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY
ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.
At a stated term of the United States Court of Appeals
for the Second Circuit, held at the Daniel Patrick Moynihan
United States Courthouse, 500 Pearl Street, in the City of
New York, on the 12th day of April, two thousand eleven.
PRESENT:
ROBERT A. KATZMANN,
DEBRA ANN LIVINGSTON,
RAYMOND J. LOHIER, JR.,
Circuit Judges.
_____________________________________
JIEFENG ZHENG,
Petitioner,
v. 10-362-ag
NAC
ERIC H. HOLDER, JR., UNITED STATES
ATTORNEY GENERAL,
Respondent.
_______________________________________
FOR PETITIONER: A. Don Forester, Houston, TX.
FOR RESPONDENT: Tony West, Assistant Attorney
General; Ernesto H. Molina, Jr.,
Assistant Director; Joanna L.
Watson, Trial Attorney, Office of
Immigration Litigation, United
States Department of Justice,
Washington, D.C.
UPON DUE CONSIDERATION of this petition for review of a
Board of Immigration Appeals (“BIA”) decision, it is hereby
ORDERED, ADJUDGED, AND DECREED, that the petition for review
is DISMISSED.
Jiefeng Zheng, a native and citizen of the People’s
Republic of China, seeks review of a January 6, 2010 order
of the BIA, affirming the June 9, 2008 decision of
Immigration Judge (“IJ”) Alan N. Vomacka, which denied his
application for asylum, withholding of removal, and relief
under the Convention Against Torture (“CAT”). In re Jiefeng
Zheng, No. A099 001 850 (B.I.A. Jan. 6, 2010), aff’g No.
A099 001 850 (Immig. Ct. N.Y. City June 9, 2008). We assume
the parties’ familiarity with the underlying facts and
procedural history in this case.
Zheng challenges only the agency’s denial of
withholding of removal and CAT relief, arguing that (1) the
IJ erred in finding his testimony not credible, and (2) the
agency’s decision was not sufficiently detailed. As the
Government points out, however, because Zheng failed to
challenge the denial of withholding of removal and CAT
relief before the BIA, we lack jurisdiction to review the
denial of those forms of relief. See Karaj v. Gonzales,
462
F.3d 113, 119 (2d Cir. 2006). Accordingly, we dismiss
2
Zheng’s petition for review for lack of jurisdiction.
For the foregoing reasons, the petition for review is
DISMISSED. As we have completed our review, the pending
motion for a stay of removal in this petition is DISMISSED
as moot.
FOR THE COURT:
Catherine O’Hagan Wolfe, Clerk
3