Bing Chen v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BING CHEN,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 14-72358
Agency No. A201-207-843
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 25, 2015**
Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.
Bing Chen, a native and citizen of China, petitions for review of the Board
of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration
judge’s decision denying his application for asylum and withholding of removal.
FILED
SEP 03 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petition for
review.
The agency denied Chen’s asylum and withholding claims based on an
adverse credibility determination. We lack jurisdiction to consider Chen’s
contentions regarding the adverse credibility determination, because he failed to
raise them to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004)
(this court lacks jurisdiction to review issues not raised before the agency); see also
Agyeman v. INS, 296 F.3d 871, 877 (9th Cir. 2002) (“we may not entertain due
process claims based on correctable procedural errors unless the alien raised them
below”).
Chen’s motion for stay of removal is denied as moot. The temporary stay of
removal will terminate upon issuance of the mandate.
PETITION FOR REVIEW DISMISSED.
2 14-72358

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