Cheng He Wang v. United States Attorney General
Opinion of the Court
SUMMARY ORDER
Petitioner Cheng He Wang, a native and citizen of China, seeks review of a June 2,
This Court may review a final order of removal only if “the alien has exhausted all administrative remedies available to the alien as of right.” 8 U.S.C. § 1252(d)(1).
Wang does not raise any arguments regarding the denial of his withholding of removal or CAT claims in his brief to this Court, nor did he raise any arguments regarding the denial of that claim in his brief to the BIA. Therefore, neither of these claims are exhausted and they are waived. 8 U.S.C. § 1252(d)(1) (governing exhaustion); Jian Wen Wang v. BCIS, 437 F.3d 276, 278 (2d Cir. 2006) (governing waiver). Accordingly, we deem them abandoned and decline to consider them.
For the foregoing reasons, the petition for review is DISMISSED. Having completed our review, any stay of removal that the Court previously granted in this petition is VACATED, and any pending motion for a stay of removal in this petition is DISMISSED as moot. Any pending request for oral argument in this petition is DENIED in accordance with Federal Rule of Appellate Procedure 34(a)(2), and Second Circuit Local Rule 34(d)(1).
. The statute requires aliens to exhaust not just the categories of relief they are claiming, Gill v. INS, 420 F.3d 82, 86 (2d Cir. 2005) (stating this in dicta, and citing Beharry v. Ashcroft, 329 F.3d 51, 62 (2d Cir. 2003)), but also the individual issues on which that relief may turn, Foster v. INS, 376 F.3d 75, 77-78 (2d Cir. 2004); Cervantes-Ascencio v. INS, 326 F.3d 83, 87 (2d Cir. 2003).
. Even if we were to evaluate the IJ’s adverse credibility determination, we would find that it was supported by substantial evidence. The IJ correctly noted that Wang's testimony was inconsistent with the newspaper article about when the altercation took place and reasonably relied on Wang’s failure to mention any fear of returning to China at his airport interview. We also agree with the IJ’s corroboration finding.
Reference
- Full Case Name
- CHENG HE WANG v. UNITED STATES ATTORNEY GENERAL
- Cited By
- 1 case
- Status
- Published