Fen Yong Chen, a/k/a Fen Yuan Chen v. Gonzales, 445 F.3d 741, 745 4th Cir. 2006 , cert. denied, 127 S. Ct. 1147 2007 . We…

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-1304
FEN YONG CHEN, a/k/a Fen Yuan Chen,
Petitioner,
versus
PETER D. KEISLER, Acting Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A72-731-915)
Submitted: October 31, 2007 Decided: November 14, 2007
Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
Petition dismissed in part; denied in part by unpublished per
curiam opinion.
Fen Yong Chen, Appellant Pro Se. M. Jocelyn Lopez Wright, Tyrone
Sojourner, Jason Xavier Hamilton, U.S. DEPARTMENT OF JUSTICE,
Washington, D.C.; Javier E. Balasquide, Chief Counsel, DEPARTMENT
OF HOMELAND SECURITY, Arlington, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Fen Yong Chen, a native and citizen of the People’s
Republic of China, petitions for review of an order of the Board of
Immigration Appeals (“Board”) denying his motion to reopen
deportation proceedings based upon changed circumstances. We have
reviewed the administrative record and the Board’s order and
conclude that the Board did not abuse its discretion. See Barry
v. Gonzales, 445 F.3d 741, 745 (4th Cir. 2006), cert. denied, 127
S. Ct. 1147 (2007). We lack jurisdiction to consider Chen’s
argument that he is eligible for withholding of removal under the
Convention Against Torture based on an alleged fear of punishment
for his illegal departure from China or asylum request, because
Chen failed to exhaust his administrative remedies by making this
argument before the Board. See Asika v. Ashcroft, 362 F.3d 264,
267 n.3 (4th Cir. 2004). Accordingly, we dismiss in part and deny
in part the petition for review. We dispense with oral argument
because the facts and legal contentions are adequately presented in
the materials before the court and argument would not aid the
decisional process.
PETITION DISMISSED IN PART;
DENIED IN PART

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