For Your Data Chen V. Gonzales Representative Brief
May 22, 2020
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Chen v. Gonzales case brief summary
471 F.3d 315 (2006)
DISCUSSION
The courtroom granted the petition for rehearing, dismissed the petition for review of the denial of the alien's asylum application, as well as denied the petition for review of the denial of the alien's application for withholding of removal.
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471 F.3d 315 (2006)
CASE SYNOPSIS
Petitioner alien, a native as well as citizen of China, sought review of an gild of the Board of Immigration Appeals affirming a conclusion of an immigration justice (IJ) denying the alien's applications for asylum as well as withholding of removal. After the courtroom issued an opinion, the alien filed a petition for rehearing.DISCUSSION
- The IJ found that the asylum application was untimely under 8 U.S.C.S. § 1158(a)(2)(B) and that the alien did non constitute changed or extraordinary circumstances that would accept excused the alien's tardiness inwards filing.
- With abide by to the alien's claim that she was entitled to withholding of removal because she had been subjected to a forced abortion as well as it was to a greater extent than belike than non that she would locomote sterilized if she returned to China, the IJ found that the alien had non met her burden of proof because the alien's testimony was improbable, internally inconsistent, as well as inconsistent alongside her written application as well as her supporting documents.
- The courtroom held that it lacked jurisdiction under 8 U.S.C.S. § 1252(a)(2)(D) to review the denial of the alien's asylum application because the alien's challenge to the IJ's conclusion did non enhance a constitutional claim or a inquiry of law.
- Although the conclusion denying withholding of removal contained approximately findings that were based on bald speculation, the courtroom held that a remand would accept been futile because the adverse credibility finding was supported past times substantial show as well as it was clear that the same conclusion would locomote made on remand.
The courtroom granted the petition for rehearing, dismissed the petition for review of the denial of the alien's asylum application, as well as denied the petition for review of the denial of the alien's application for withholding of removal.
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