Chupina v. Holder, 570 F. 3d 99 - Court of Appeals, 2nd Circuit 2009

Petitioner Jose Enrique Arias-Chupina ( Chupina ) petitions for review of decisions entered by the Board of Immigration Appeals (the BIA ) on January 24, 2008, and June 13, 2008.[1] The BIA\u27s January 24, 2008 decision upheld the immigration judge\u27s denial of Chupina\u27s asylum application as untimely filed and remanded the case to the immigration judge for further consideration of Chupina\u27s eligibility for withholding of removal under 8 U.S.C. § 1231(b)(3) and for protection under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ( CAT ), Dec. 10, 1984, S. Treaty Doc. No. 100-20, 1465 U.N.T.S. 85. See 8 C.F.R. § 1208.16(c) (implementing the CAT). The BIA\u27s June 13, 2008 decision denied reconsideration of its decision regarding asylum. In his petitions, Chupina argues that the BIA\u27s decisions upholding the denial of his asylum application were in error. Chupina\u27s applications for withholding of removal and protection under the CAT remain pending with the immigration judge. For the reasons that follow, the petitions are dismissed because there is no final order of removal over which we may assert jurisdiction in this case