Yuki Tjen v. Alberto Gonzales, Attorney General of the United States

Pursuant to Fed. R. App. P. 43(b)(2) Alberto Gonzales and Michael Chertoff1
automatically have been substituted for John Ashcroft and Thomas Ridge as parties in
these proceedings.
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 04-2431
YUKI TJEN,
Petitioner
v.
ALBERTO GONZALES, ATTORNEY
GENERAL OF THE UNITED STATES;
THE UNITED STATES DEPARTMENT OF JUSTICE;
MICHAEL CHERTOFF, SECRETARY OF THE DEPARTMENT
OF HOMELAND SECURITY; AND THE DEPARTMENT OF
HOMELAND SECURITY,
Respondents1
On Petition for Review of a Decision
of the Board of Immigration Appeals
(BIA No. A95-429-619)
Submitted under Third Circuit LAR 34.1(a)
June 3, 2005
BEFORE: FUENTES, GREENBERG, and COWEN, Circuit Judges
(Filed: June 14, 2005)

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2
OPINION OF THE COURT
GREENBERG, Circuit Judge.
This matter comes on before the court on a petition for review of the decision of
the Board of Immigration Appeals entered April 21, 2004, dismissing Yuki Tjen’s appeal
from a decision and order of an immigration judge which, inter alia, denied Tjen’s
applications for asylum and withholding of removal. We have jurisdiction under section
242(a)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1252(a)(1). In these
proceedings we will uphold the administrative determination if substantial evidence
supports the determination that Tjen did not establish that he is a refugee entitled to relief
on one of the enumerated statutory grounds. See Gao v. Ashcroft, 299 F.3d 266, 272 (3d
Cir. 2002). After our review of this matter we are satisfied that it is perfectly clear that
substantial evidence supports the administrative determination and thus Tjen is not
entitled to relief. Accordingly, the BIA properly dismissed his appeal.
The petition for review of the decision of April 21, 2004, will be denied.

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