Filed: Feb. 09, 2016
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1692 MING JIAN HUANG, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: January 27, 2016 Decided: February 9, 2016 Before AGEE, DIAZ, and FLOYD, Circuit Judges. Petition denied by unpublished per curiam opinion. Alexa Torres, LAW OFFICE OF RICHARD TARZIA, Belle Mead, New Jersey, for Petitioner. Benjamin C. Mizer, Principal Deputy
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1692 MING JIAN HUANG, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: January 27, 2016 Decided: February 9, 2016 Before AGEE, DIAZ, and FLOYD, Circuit Judges. Petition denied by unpublished per curiam opinion. Alexa Torres, LAW OFFICE OF RICHARD TARZIA, Belle Mead, New Jersey, for Petitioner. Benjamin C. Mizer, Principal Deputy ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1692
MING JIAN HUANG,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: January 27, 2016 Decided: February 9, 2016
Before AGEE, DIAZ, and FLOYD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Alexa Torres, LAW OFFICE OF RICHARD TARZIA, Belle Mead, New
Jersey, for Petitioner. Benjamin C. Mizer, Principal Deputy
Assistant Attorney General, Jesse M. Bless, Senior Litigation
Counsel, Lance L. Jolley, Office of Immigration Litigation,
UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for
Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ming Jian Huang, a native and citizen of the People’s
Republic of China, petitions for review of an order of the Board
of Immigration Appeals (Board) denying his motion to remand and
dismissing his appeal from the immigration judge’s (IJ) decision
denying his application for cancellation of removal filed
pursuant to 8 U.S.C. § 1229b(b)(1) (2012). We deny the petition
for review.
The Attorney General may cancel the removal of a
nonpermanent resident alien if the alien (1) has been physically
present in the United States continuously for at least 10 years;
(2) was of good moral character during that time period; (3) has
not been convicted of certain enumerated offenses; and
(4) establishes that removal would result in an “exceptional and
extremely unusual hardship” to a qualifying relative. 8 U.S.C.
§ 1229b(b)(1). Huang bears the burden of establishing his
eligibility for relief from removal. 8 C.F.R. § 1240.8(d)
(2015); Quitanilla v. Holder,
758 F.3d 570, 579 (4th Cir. 2014).
Factual findings, including an adverse credibility finding,
are reviewed for substantial evidence, “reversing only if the
evidence compels a contrary finding,” and questions of law are
reviewed de novo. Pastora v. Holder,
737 F.3d 902, 905 (4th
Cir. 2013) (citing 8 U.S.C. § 1252(b)(4)(B) (2012)); see also
Ilunga v. Holder,
777 F.3d 199, 206 (4th Cir. 2015). An adverse
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credibility finding should be based on factors such as the
plausibility of the applicant’s account, the consistency between
the applicant’s written and oral statements, the internal
consistency of each such statement, the consistency of such
statements with other evidence of record, or any other relevant
factor. 8 U.S.C. § 1158(b)(1)(B)(iii) (2012); Hui Pan v.
Holder,
737 F.3d 921, 928 (4th Cir. 2013).
Upon our review of the record, we conclude that substantial
evidence supports the finding that because Huang was not
credible, he failed to establish the required 10-year period of
continuous presence. Accordingly, he is ineligible for
cancellation of removal.
The Board’s denial of a motion to remand is reviewed for
abuse of discretion. Hussain v. Gonzales,
477 F.3d 153, 155
(4th Cir. 2007). We conclude that substantial evidence supports
the finding that the new evidence was cumulative of evidence in
the record and Huang did not show why his new evidence was
previously unavailable.
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 this court and
argument would not aid the decisional process.
PETITION DENIED
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