Chen v. Gonzales case brief

Chen v. Gonzales case brief summary
471 F.3d 315 (2006)

CASE SYNOPSIS

Petitioner alien, a native and citizen of China, sought review of an order of the Board of Immigration Appeals affirming a decision of an immigration judge (IJ) denying the alien's applications for asylum and withholding of removal. After the court 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 not establish changed or extraordinary circumstances that would have excused the alien's tardiness in filing. 
• With respect to the alien's claim that she was entitled to withholding of removal because she had been subjected to a forced abortion and it was more likely than not that she would be sterilized if she returned to China, the IJ found that the alien had not met her burden of proof because the alien's testimony was improbable, internally inconsistent, and inconsistent with her written application and her supporting documents. 
• The court 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 decision did not raise a constitutional claim or a question of law. 
• Although the decision denying withholding of removal contained some findings that were based on bald speculation, the court held that a remand would have been futile because the adverse credibility finding was supported by substantial evidence and it was clear that the same decision would be made on remand.

CONCLUSION
The court granted the petition for rehearing, dismissed the petition for review of the denial of the alien's asylum application, and denied the petition for review of the denial of the alien's application for withholding of removal.

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