Case: 19-12709 Date Filed: 04/07/2020 Page: 1 of 6 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-12709 Non-Argument Calendar ________________________ Agency No. A088-394-530 NHAN THANH NGUYEN, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (April 7, 2020) Before GRANT, LAGOA, and HULL, Circuit Judges. PER CURIAM: Case: 19-12709 Date Filed: 04/07/2020 Page: 2 of 6 Nhan Thanh Nguyen, a native and citizen of Vietnam, seeks review of the Board of Immigration Appeals (“BIA”) denial of her motion for sua sponte reopening of her removal proceedings. We dismiss the petition for lack of jurisdiction. I. Nguyen was admitted to the United States in 2009 as a non-immigrant visitor with authorization to remain until April 4, 2010. In January 2010, Nguyen’s now ex-husband, Tung Van Dinh, filed an application for asylum, in which he included Nguyen and their minor son as derivative applicants. On February 24, 2010, the DHS issued Nguyen a Notice to Appear charging her with removability under 8 U.S.C. § 1227(a)(1)(B) as an alien who had remained in the United States longer than permitted. In February 2011, Nguyen appeared before an immigration judge (“IJ”) with Dinh and their minor son. They conceded their removability and requested asylum, withholding of removal, and relief under the United Nations Convention Against Torture. In December 2011, Dinh filed an amended application for asylum and withholding based on his political opinion, again including Nguyen and their minor son as derivative applicants and attaching evidence that Nguyen had given birth to a second child in the United States in August 2010. In his December 2011 2 Case: 19-12709 Date Filed: 04/07/2020 Page: 3 of 6 application, Dinh claimed that after the 1975 “event,” the communist Vietnamese government had imprisoned his father for two years, taken away the family’s home, and tortured and beat his family because his father had been a police officer with the former regime. Dinh described his childhood as difficult and impoverished because of his father’s affiliation with the former government. He also alleged that after college, he went to work for a corrupt travel company in Vietnam that was controlled by the communist government. He claimed that the company was operated as a charitable organization in order to launder money and steal land from the Catholic church and from private citizens, and that when he complained about these practices, he was threatened with death. The U.S. State Department’s 2012 Country Report for Vietnam was included in the record before the IJ. The 2012 report noted “severe government restrictions on citizens’ political rights,” corruption in the judicial system and police, and government corruption related to land use. The IJ denied Dinh’s application, concluding that he failed to establish past harm rising to the level of persecution or a well-founded fear of future persecution in Vietnam. The IJ noted that it was difficult to determine the “real nexus” in Dinh’s case; Dinh ...
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