Chen v. Ashcroft

U.S. Court of Appeals for the Fourth Circuit
Chen v. Ashcroft, 78 F. App'x 866 (4th Cir. 2003)

Chen v. Ashcroft

Opinion

OPINION

PER CURIAM:

Fen-He 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”). The order affirmed, without opinion, the immigration judge’s decision and order denying Chen’s applications for asylum, withholding of removal and withholding of removal under the United Nations Convention Against Torture. For the reasons discussed below, we deny the petition for review.

Chen claims the immigration judge erred in finding he failed to present credible evidence in support of his asylum application. We have reviewed the administrative record and the immigration judge’s decision, which was designated by the Board as the final agency determination, and find that substantial evidence supports the immigration judge’s conclusion that Chen was not credible. As such, Chen failed to establish past persecution or a well-founded fear of future persecution necessary to qualify for relief from removal. 8 C.F.R. § 1008.13(b) (2003). In addition, he failed to qualify for withholding of removal or withholding of removal under the Convention Against Torture.

Next, Chen claims the Board erred by using the procedure set out in 8 C.F.R. § 1003.1(a)(7) (2003). We have reviewed Chen’s challenges to the Board’s use of this streamlined procedure and find them to be without merit.

Accordingly, we deny Chen’s 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.

Reference

Full Case Name
Fen-He CHEN, Petitioner, v. John ASHCROFT, Attorney General, Respondent
Status
Unpublished