Kanghua Cai v. Merrick Garland ( 2023 )

USCA4 Appeal: 21-1875 Doc: 24 Filed: 06/09/2023 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-1875
KANGHUA CAI,
Petitioner,
v.
MERRICK B. GARLAND, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals.
Submitted: September 21, 2022 Decided: June 9, 2023
Before GREGORY, Chief Judge, RUSHING, Circuit Judge, and KEENAN, Senior Circuit
Judge.
Petition denied by unpublished per curiam opinion.
ON BRIEF: Thomas V. Massucci, LAW OFFICE OF THOMAS V. MASSUCCI, New
York, New York, for Petitioner. Brian Boynton, Acting Assistant Attorney General,
M. Jocelyn Lopez Wright, Senior Litigation Counsel, Giovanni B. Di Maggio, Office of
Immigration Litigation, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE,
Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 21-1875 Doc: 24 Filed: 06/09/2023 Pg: 2 of 2
PER CURIAM:
Kanghua Cai, a native and citizen of the People’s Republic of China, petitions for
review of an order of the Board of Immigration Appeals (Board) dismissing his appeal
from the Immigration Judge’s decision denying his applications for asylum and
withholding of removal and finding that he filed a frivolous asylum application. We have
thoroughly reviewed the record and conclude that the evidence does not compel a ruling
contrary to any of the administrative factual findings, see 8 U.S.C. § 1252(b)(4)(B), and
that substantial evidence supports the denial of relief, see INS v. Elias-Zacarias, 502 U.S.
478, 481 (1992). Accordingly, we deny the petition for review for the reasons stated by
the Board. In re Cai (B.I.A. July 28, 2021). We dispense with oral argument because the
facts and legal contentions are adequately presented in the materials before this court and
argument would not aid the decisional process.
PETITION DENIED
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