Fen Yong Chen v. Keisler

254 F. App'x 212

• Court: Court of Appeals for the Fourth Circuit
• Decided: November 14, 2007
• Docket: 07-1304
• Status: Unpublished

Opinion

PER CURIAM:

Fen Yong Chen, a native and citizen of the People’s Republic of China, petitions for review of an order of the Board of Immigration Appeals (“Board”) denying his motion to reopen deportation proceedings based upon changed circumstances. We have reviewed the administrative record and the Board’s order and conclude that the Board did not abuse its discretion. See Barry v. Gonzales, 445 F.3d 741, 745 (4th Cir.2006), cert. denied, — U.S.-, 127 S.Ct. 1147, 166 L.Ed.2d 997 (2007). We lack jurisdiction to consider Chen’s argument that he is eligible for withholding of removal under the Convention Against Torture based on an alleged fear of punishment for his illegal departure from China or asylum request, because Chen failed to exhaust his administrative remedies by making this argument before the Board. See Asika v. Ashcroft, 362 F.3d 264, 267 n. 3 (4th Cir.2004). Accordingly, we dismiss in part and deny in part the petition for review. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials be fore the court and argument would not aid the decisional process.

PETITION DISMISSED IN PART; DENIED IN PART.