Chen v. Holder, Jr., No. 10-9562 (10th Cir. 2011)
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Petitioner Yong Chen petitioned the Tenth Circuit for review of the Board of Immigration Appeals' (BIA) denial of his applications for asylum, restriction on removal and for relief under the Convention Against Torture (CAT). Petitioner is a Chinese national who came to the United States in 1998. He overstayed his six-month visitor's visa and in 2005 was slated for removal. At that time, he told an Immigration Judge that he planned on filing an application for asylum. However, he did not actually file the application until 2008. BIA concluded that Petitioner was not credible and could provide no corroboration for his persecution claims, and as a result, could not satisfy the burden to establish he was eligible for the relief he requested. The Tenth Circuit determined it lacked jurisdiction to hear Petitioner's asylum request, and it affirmed the BIA's decision. The Court found that Petitioner "merely cited" the standards for relief under CAT, but offered nothing more for the Court's review. Therefore, the Court denied the balance of Petitioner's application.
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