Ying Qing Chen v. Holder

*504 MEMORANDUM *

Ying Qing Chen (“Chen”), a native and citizen of China, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal of the Immigration Judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and Convention Against Torture (“CAT”) relief. Chen asserted past persecution and a fear of future persecution on account of his practice of the banned religion Zhong Gong. The BIA, in a full opinion, affirmed the IJ’s denial of relief in all respects, including an affirmance of the IJ’s frivolous asylum application determination. The parties are familiar with the facts of the case and we need not recite them here.

I.

Preliminarily, we find that Chen has preserved his claims regarding the denial of withholding of removal and CAT relief, as those claims were presented in Chen’s Notice of Appeal before the BIA. See Ladha v. INS, 215 F.3d 889, 903 (9th Cir.2000). Chen has also preserved his claim regarding the frivolous asylum application determination. While only briefly alluded to in his brief before the BIA, the Board chose to fully address the claim in its decision, which satisfied the policy concerns…