Chen v. Gonzales
United States Court of Appeals for the Second Circuit
471 F.3d 315 (2006)
Chen (plaintiff), who fled China after being forced to undergo an abortion and threatened with sterilization, applied for asylum nearly fifteen months after arriving in the United States — well past the one-year filing deadline. The immigration judge found she had not shown changed or extraordinary circumstances excusing the late filing and, alternatively, had not established a credible persecution claim even if timely; the Board of Immigration Appeals affirmed. Chen petitioned for review, arguing the immigration judge erred in his fact-finding and discretionary determinations.
Whether federal courts may review a denial of asylum based on an immigration judge's alleged errors in fact-finding or exercise of discretion, absent a constitutional question or question of law.