Nian

Bao Tai Nian (“Bao”), a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Bao arrived in the United States as an alien crew member. His asylum proceeding was thus limited in scope — a so-called “asylum-only” proceeding. Because the Immigration Judge (“IJ”) and BIA did not issue a final order of removal, this case presents the question whether we have jurisdiction to consider Bao’s petition. We conclude that we have jurisdiction over the petition, and we deny review.

I. Content of “asylum-only” proceedings.

This case involves an “asylum-only” proceeding under 8 C.F.R. § 208.2 (c). “Asylum-only” proceedings apply to certain groups of aliens who are not entitled to full asylum proceedings under the Immigration and Nationality Act (“INA”), including alien crew members, stowaways, and aliens who have entered the country under the Visa Waiver Program. 8 C.F.R. § 208.2 (c)(1). These classes of aliens may have been given limited and temporary permission to enter the United States, as is the case for crew…