Case: 13-60525 Document: 00512593143 Page: 1 Date Filed: 04/11/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 13-60525 April 11, 2014
Summary Calendar
Lyle W. Cayce
Clerk
MAOXUN CHEN,
Petitioner
v.
ERIC H. HOLDER, JR., U. S. ATTORNEY GENERAL,
Respondent
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A088 036 429
Before JONES, BARKSDALE, and HAYNES, Circuit Judges.
PER CURIAM: *
Maoxun Chen, a native and citizen of the People’s Republic of China,
petitions for review of the Board of Immigration Appeals’ (BIA) dismissing his
appeal of the immigration judge’s (IJ) denying his requests for asylum,
withholding of removal, and relief under the Convention Against Torture
(CAT). The BIA agreed with the IJ that Chen’s asylum application was
* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5th Cir.
R. 47.5.4.
Case: 13-60525 Document: 00512593143 Page: 2 Date Filed: 04/11/2014
No. 13-60525
untimely and that he had not established eligibility for withholding of removal
or for CAT protection.
This court lacks jurisdiction to review the finding that Chen failed to
establish “extraordinary circumstances”, which would justify an untimely
asylum application. Zhu v. Gonzales, 493 F.3d 588, 594–96 (5th Cir. 2007).
By failing to brief a challenge to the eligibility determinations for
withholding of removal and CAT protection, Chen has abandoned these issues.
See Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003). Likewise, although
Chen asserts in the issue statement of his brief that Congress did not intend
the one-year deadline to penalize applicants for asylum, he has abandoned the
issue by failing to brief it. See id.
DISMISSED in part; DENIED in part.
2