Chen

Chen v. Ashcroft

Good Law
120 F. App'x 86
United States Court of Appeals for the Ninth CircuitJanuary 13, 2005No. 03-70834California1,055 words

Opinion

Lead Opinion

MEMORANDUM **

Yu Liang Chen petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming the Immigration Judge’s (“U”) denial of his application for asylum and withholding of deportation. We have jurisdiction under 8 U.S.C. § 1105a(a), as modified by the transitional rules under the Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”). See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We deny the petition for review; however, we grant Chen’s motion for a stay of voluntary departure.

I

Because Chen did not raise his asylum claim in the petition for review, we deem it abandoned. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir.1996).

II

Substantial evidence supports the IJ’s determination 2 that Chen is not entitled to withholding of deportation either as to Panama or the People’s Republic of China (“China”). An applicant is entitled to withholding of deportation if he establishes that his life or freedom would be threatened in the proposed country of deportation on account of a protected ground. 8 U.S.C. § 1231 (b)(3)(a); 8 C.F.R. § 1208.16 (b). An applicant who is found to have suffered past persecution in the…

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