Tang v. Lynch

Petitioner, a native and citizen of China, seeks review of the BIA's decision denying his requests for asylum, withholding of removal, and protection under the United Nations Convention Against Torture (CAT). The court concluded that the accounts in the State Department reports, which document only isolated instances of harassment and disparate treatment of unregistered Catholic churches in different locations, substantially support the Board’s finding of a lack of widespread persecution. Therefore, the court affirmed the Board's conclusion that petitioner failed to establish a well-founded fear of persecution based on his Catholic religion. Because petitioner failed to meet his burden of proof for asylum, the court necessarily held that petitioner has not shown that he is entitled to withholding of removal. Finally, because plaintiff failed to exhaust his administrative remedies as to his CAT claim, the court lacked jurisdiction to review it. Accordingly, the court denied the petition for review. View "Tang v. Lynch" on Justia Law