YU FU CHEN v. HOLDER, 399 Fed.Appx. 123 (8th Cir. 2010)

YU FU CHEN, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent.

No. 10-2495.United States Court of Appeals, Eighth Circuit.Submitted: October 27, 2010.
Filed: November 1, 2010.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Petition for Review of an Order of the Board of Immigration Appeals.

Benjamin B. Xue, New York, NY, for Petitioner.

Karen Yolanda Drummond, Richard M. Evans, Allison Frayer, Pegah Vakili, U.S. Department of Justice, Washington, DC, for Respondent.

Before BYE, BOWMAN, and COLLOTON, Circuit Judges.

[UNPUBLISHED]
PER CURIAM.

Yu Fu Chen, a native and citizen of China, petitions for review of an order of the Board of Immigration Appeals (BIA), which affirmed an immigration judge’s denial of asylum, withholding of removal, and relief under the Convention Against Torture (CAT). We conclude that Chen has waived review of the CAT claim by not challenging the denial of CAT relief before the BIA. See Ateka v. Ashcroft, 384 F.3d 954, 957 (8th Cir. 2004). We also conclude that the denial of asylum and withholding of removal was supported by substantial evidence on the record as a whole. See Khrystotodorov v. Mukasey, 551 F.3d 775, 781 (8th Cir. 2008) (standard of review). Accordingly, we deny the petition for review.