Chen v. Holder , 367 F. App'x 772 ( 2010 )

FILED
NOT FOR PUBLICATION FEB 23 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
XIU YUN CHEN, No. 07-72269
Petitioner, Agency No. A096-390-212
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2010 **
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Xiu Yun Chen, a native and citizen of China, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order summarily affirming an
immigration judge’s (“IJ”) decision denying her application for asylum,
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
DL/Research
withholding of removal, and relied under the Convention Against Torture
(“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the
petition for review.
The IJ denied Chen’s asylum, withholding of removal and CAT claims
based on his finding that Chen could relocate within China. Chen failed to exhaust
her challenge to the IJ’s dispositive internal relocation finding before the BIA, and
therefore we dismiss the petition for review as to Chen’s claims. See Zara v.
Ashcroft, 383 F.3d 927, 931 (9th Cir. 2004) (declining “to hold that the BIA’s
streamlining decision excused the administrative requirement of exhaustion of
remedies”).
PETITION FOR REVIEW DISMISSED.
DL/Research 2 07-72269