Chen v. Holder, No. 13-3495 (8th Cir. 2015)
Annotate this CaseChen, a citizen of China, entered the U.S. without inspection in 1997. She applied in 2008 for a "U" visa, which gives temporary legal status to crime victims. That application was denied. While the application was pending, Chen filed an affirmative application for asylum based on her fear that she would be persecuted if she returned to China because she is a Christian. Her application was referred to the immigration court because Chen had filed it more than one year after entering and had not shown any exception to the deadline. Chen conceded removability and sought relief in the form of asylum, withholding of removal, Convention Against Torture protection, and cancellation of removal, testifying that her mother had been arrested twice for her involvement in a Christian church. Chen initially testified that her mother's first arrest occurred in 1990, but later stated it was 1997. Chen was unable to name or describe the branch of Christianity to which her mother belonged. Chen's testimony about when and how she came to the U.S. conflicted with statements in her applications. The Immigration Judge denied relief. The Board of Immigration Appeals dismissed Chen's appeal. The Eighth Circuit denied a petition for review
Court Description: Petition for Review - Immigration. The court lacked jurisdiction to review the BIA's determination that petitioner's asylum application was untimely; the BIA's determination that petitioner failed to prove she qualified for withholding of removal or CAT relief was supported by substantial evidence; the court lacked jurisdiction to review petitioner's cancellation of removal claim that the removal of her children to China would create an exceptional or extremely unusual hardship.
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