Dianzinga v. Gonzales
Opinion of the Court
SUMMARY ORDER
UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED AND
Petitioner Kanda Anna Dianzinga, a native and citizen of the Democratic Republic of Congo (formerly Zaire), petitions for review of a February 27, 2003 order of the BIA summarily affirming a June 12, 1998 order by an Immigration Judge (“IJ”) granting withholding of removal and voluntary departure, but denying asylum. We assume the parties’ familiarity with the facts of the case, its procedural history, and the issues on appeal.
This Court reviews denial of asylum to applicants who have demonstrated eligibility under an abuse of discretion standard, reversing only where the decision is “manifestly contrary to the law and an abuse of discretion.” 8 U.S.C. § 1252(b)(4)(D); see Osorio v. INS, 18 F.3d 1017, 1023 (2d Cir. 1994). An abuse of discretion occurs when the “the Board’s decision provides no rational explanation, inexplicably departs from established policies, is devoid of any reasoning, or contains only summary or conclusory statements.” Ke Zhen Zhao v. United States Dep’t of Justice, 265 F.3d 83, 93 (2d Cir. 2001) (citations omitted). Where the Board summarily affirms the IJ, this Court reviews the IJ’s opinion directly. Poradisova v. Gonzales, 420 F.3d 70, 78 (2d Cir. 2005). We uphold factual findings “so long as they are supported by substantial evidence.” Id. at 77 (internal quotation marks omitted).
After weighing favorable and unfavorable factors in consideration of Dianzinga’s application, the IJ declined “favorably [to] exercise the Attorney General’s discretion” under 8 U.S.C. § 1158.
Dianzinga also argues that the IJ’s discretionary denial of asylum departed from established policies by relying on factors not previously sanctioned or enumerated in BIA case law, federal regulations, or the Immigration and Nationality Act (“INA”).
For the foregoing reasons, the petition for review is DENIED.
. See 8 C.F.R. § 208.14 ("Unless otherwise prohibited in § 208.13(c), an immigration judge may grant or deny asylum in the exercise of discretion to an applicant who qualifies as a refugee under section 101(a)(42) of the Act.”). Section 208.13(c) ("Mandatory denials”) concerns, inter alia, the denial of asylum for past persecutors, aliens convicted of serious crimes, and other dangerous aliens, as well as those who may safely be removed to third countries, and was not invoked by the IJ here.
. The IJ did not conduct a past persecutor analysis under INA § 208(b)(2)(A)(i), 8 U.S.C. § 1158(b)(2)(A)(i), or invoke that bar to deny Dianzinga’s request. The IJ’s use of the word "collaborator” was a characterization of Dianzinga’s conduct for purposes of the discretionary analysis, not an invocation of the past persecutor bar. The BIA has noted that "[fjactors which fall short of the grounds of mandatory denial may constitute discretionary considerations.” In re H—, 21 I. & N. Dec. at 347.
Reference
- Full Case Name
- Kanda Anna DIANZINGA v. Alberto R. GONZALES, Attorney General of the United States
- Status
- Published