Jong Chen v. Eric H. Holder, Jr.

United States Court of Appeals
For the Eighth Circuit
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No. 12-1578
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Jong Xiang Chen
lllllllllllllllllllllPetitioner
v.
Eric H. Holder, Jr., Attorney
General of the United States
lllllllllllllllllllllRespondent
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Petition for Review of an Order of the
Board of Immigration Appeals
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Submitted: December 18, 2012
Filed: January 11, 2013
[Unpublished]
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Before MURPHY, ARNOLD, and SMITH, Circuit Judges.
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PER CURIAM.
Jong Xiang Chen, a native and citizen of China, petitions for review of an order
of the Board of Immigration Appeals which upheld an immigration judge’s denial of
asylum and withholding of removal. After careful review, we find no basis for
reversal, as the denials of relief were supported by substantial evidence on the
administrative record as a whole. See Khrystotodorov v. Mukasey, 551 F.3d 775,
781, 784 (8th Cir. 2008) (substantial-evidence standard for asylum claim; denial of
asylum dictates same outcome on withholding-of-removal claim based on same
underlying factual allegations); Pavlovich v. Gonzales, 476 F.3d 613, 618 (8th Cir.
2007) (immigration judge may reasonably rely on state department reports in
assessing likelihood of future persecution); cf. Celaj v. Gonzales, 468 F.3d 1094,
1097-98 (8th Cir. 2006) (immigration judge’s failure to consider statements in “other”
state department reports was not error when statements in other reports did not
“materially detract” from conclusions in state department report relied upon by
immigration judge). Accordingly, we deny the petition for review. See 8th Cir. R.
47B.
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