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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's January 24, 2008 decision upheld the immigration judge's denial of Chupina's asylum application as untimely filed and remanded the case to the immigration judge for further consideration of Chupina's 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's June 13, 2008 decision denied reconsideration of its decision regarding asylum. In his petitions, Chupina argues that the BIA's decisions upholding the denial of his asylum application were in error. Chupina's 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.


570 F.3d 99 (2009)

Jose Enrique Arias CHUPINA, Petitioner, v. Eric H. HOLDER Jr., United States Attorney General, Respondent.[*]

Docket Nos. 08-0867-ag (L), 08-3394-ag (CON)

. United States Court of Appeals, Second Circuit.

Argued: May 18, 2009.

Decided: June 25, 2009.

New York Law School location" Box #154, File #3786