NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 17-2392 _____________ XIAN CHEN CHEN, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, Respondent ______________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A093-389-907) Immigration Judge: Honorable Kuyomars Q. Golparvar Submitted Under Third Circuit L.A.R. 34.1(a) on June 12, 2018 Before: CHAGARES, GREENBERG and FUENTES, Circuit Judges (Opinion filed: July 27, 2018) _____________ OPINION * _____________ * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. FUENTES, Circuit Judge. Petitioner Xian Chen Chen petitions this Court for judicial review of the discretionary decision to deny his application for asylum. Respondent, the Attorney General of the United States, moves to dismiss for lack of jurisdiction. Because we lack jurisdiction over the final order of removal issued against Chen, we must grant the Attorney General’s motion. I. Because we write only for the parties, we set forth only those facts necessary to our disposition. Chen is a national of the People’s Republic of China. He previously was granted asylum as a derivative beneficiary in 2007 and adjusted status to a lawful permanent resident in 2008. Between 2003 and 2006, Chen was convicted four times for disorderly conduct under New York state law. In 2014, Chen pleaded guilty to two separate counts of entry of goods by false means in violation of 18 U.S.C. § 542. He served a one-month sentence and a ten-month probationary period, though the statute of conviction allows a district court to impose a sentence “not more than two years.” 1 In 2016, Chen was served with a Notice to Appeal by the Department of Homeland Security, which charged him as removable under 8 U.S.C. § 1227(a)(2)(A)(ii). 1 8 U.S.C. § 1252(a)(2)(C). 2 Under this provision, the Notice to Appeal charged that Chen had convicted of two crimes of moral turpitude not arising out of a single scheme or misconduct—his convictions under 18 U.S.C. § 542. Before the Immigration Judge, Chen applied for asylum, withholding of removal, and relief under the Convention Against Torture. The basis of his applications was his alleged fear of persecution by China on account of his Roman Catholic religious beliefs. In October 2016, the Immigration Judge sustained the removability charge. The Immigration Judge determined that Chen’s criminal history outweighed his positive attributes. The Immigration Judge also denied Chen’s application for relief under the Convention Against Torture. The Board affirmed, and this petition followed. II. Chen petitions this Court to review the Board’s decision to affirm a discretionary decision to deny his application for asylum. He does so without challenging the basis of his removability in any way. The Immigration and Nationality Act prohibits this Court from reviewing a final order of removal against an alien who is removable by reason of having committed a criminal offense covered in 8 U.S.C. § 1182(a)(2). 2 Because Chen fails to raise a constitutional claim ...
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