Pasang v. Sessions

16-2209 Pasang v. Sessions BIA Schoppert, IJ A205 440 632 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT=S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. 1 At a stated term of the United States Court of Appeals for 2 the Second Circuit, held at the Thurgood Marshall United States 3 Courthouse, 40 Foley Square, in the City of New York, on the 4 8th day of September, two thousand seventeen. 5 6 PRESENT: 7 BARRINGTON D. PARKER, 8 DEBRA ANN LIVINGSTON, 9 GERARD E. LYNCH, 10 Circuit Judges. 11 _____________________________________ 12 13 TENZIN PASANG, 14 Petitioner, 15 16 v. 16-2209 17 NAC 18 JEFFERSON B. SESSIONS III, UNITED 19 STATES ATTORNEY GENERAL, 20 Respondent. 21 _____________________________________ 22 23 FOR PETITIONER: Stuart Altman, New York, NY. 24 25 FOR RESPONDENT: Chad A. Readler, Acting Assistant 26 Attorney General; Terri J. Scadron, 27 Assistant Director; Meadow Platt, 28 Trial Attorney, Office of 29 Immigration Litigation, United 30 States Department of Justice, 31 Washington, DC. 1 UPON DUE CONSIDERATION of this petition for review of a 2 Board of Immigration Appeals (“BIA”) decision, it is hereby 3 ORDERED, ADJUDGED, AND DECREED that the petition for review is 4 DISMISSED. 5 Petitioner Tenzin Pasang, a native and citizen of the 6 People’s Republic of China, seeks review of a June 3, 2016, 7 decision of the BIA affirming a March 24, 2015, decision of an 8 Immigration Judge (“IJ”) pretermitting his asylum application 9 as untimely. In re Tenzin Pasang, No. A205 440 632 (B.I.A. June 10 3, 2016), aff’g No. A205 440 632 (Immig. Ct. N.Y. City Mar. 24, 11 2015). We assume the parties’ familiarity with the underlying 12 facts and procedural history in this case. 13 We lack jurisdiction to review the agency’s pretermission 14 of Pasang’s asylum application as untimely because he does not 15 raise a colorable constitutional claim or question of law. See 16 8 U.S.C. §§ 1158(a)(3), 1252(a)(2)(D). He failed to exhaust 17 his argument that changed circumstances in China and India 18 excused the untimely filing of his application. See Lin Zhong 19 v. U.S. Dep’t of Justice, 480 F.3d 104, 121-22 (2d Cir. 2007). 20 And, contrary to Pasang’s contention, the agency did not find 21 the regulatory list of extraordinary circumstances exhaustive, 22 but rather noted that Pasang’s claim that he waited longer than 2 1 one year to apply for asylum on the advice of his religious tour 2 guide did not fall within that list and further concluded that 3 his choice to delay based on that advice did not otherwise 4 constitute extraordinary circumstances. Accordingly, Pasang 5 has not raised a constitutional claim or question of law over 6 which we may exercise jurisdiction. See 8 U.S.C. 7 §§ 1158(a)(3), 1252(a)(2)(D). 8 Pasang abandons any claim that he should have been granted 9 asylum or withholding of removal as to India. See Yueqing Zhang 10 v. Gonzales, 426 F.3d 540, 541 n.1, 545 n.7 (2d Cir. 2005) 11 (holding that petitioner abandoned issues and claims not 12 sufficiently raised in his brief). 13 For the foregoing reasons, the petition for review is 14 DISMISSED. 15 FOR THE COURT: 16 Catherine O’Hagan Wolfe, Clerk 3