Fen v. Attorney General of United States, 083109 FED3, 08-2815

Docket Nº:08-2815
Party Name:WENG QING FEN, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES, Respondent
Case Date:August 31, 2009
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
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WENG QING FEN, Petitioner

v.

ATTORNEY GENERAL OF THE UNITED STATES, Respondent

No. 08-2815

United States Court of Appeals, Third Circuit

August 31, 2009

NOT PRECEDENTIAL

Submitted Pursuant to Third Circuit LAR 34.1(a) August 26, 2009.

On Petition for Review of an Order of the Board of Immigration Appeals BIA No. A99-540-000 U.S. Immigration Judge: Rosalind K. Malloy.

Before: Chief Judge SCIRICA, CHAGARES and ALDISERT, Circuit Judges.

OPINION

PER CURIAM.

Weng Qing Fen, a twenty-one-year old native and citizen of the People's Republic of China, petitions for review of a final order of removal entered by the Board of Immigration Appeals ("BIA"). For the reasons that follow, we will deny the petition.

Fen unlawfully entered the United States in 2006, conceded his removability in proceedings before the Immigration Judge ("IJ"), and applied for asylum, withholding of removal, and relief under the Convention Against Torture ("CAT"). Fen asserted that he suffered past persecution and has a well-founded fear of future persecution on the basis of his involvement in China with an unregistered Christian church.

Fen testified before the IJ that he began regularly attending the church with his mother in July 2004, at age sixteen. The police purportedly arrested Fen and his mother at a church meeting on December 31, 2004, and pressured Fen to divulge the names of church attendees who had evaded arrest. Fen claimed that he refused to provide any names, was detained for a week, and was mistreated during his detention, including being hit in the face. Fen also testified that the police forced him to sign a letter promising that he would cease attending the church. Fen's mother was detained for one month.

Fen allegedly was arrested a second time, on March 13, 2005, this time at the home of the church pastor, with the police detaining Fen for two weeks before transferring him to a juvenile labor camp, where he was held for one month. Fen claimed that he was forced to perform menial labor, made to attend "brainwashing sessions," and occasionally beaten. Although his parents and brother remain in China, Fen arranged to be smuggled into the United States, via a handful of other countries, at the age of eighteen. Fen currently attends a church in New York City, where he was baptized in April 2007.

The IJ denied Fen's application, finding...

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