NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ______________ No. 18-2752 ______________ QUANGUAN ZHENG, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, Respondent ______________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A216-288-803) Immigration Judge: Honorable Kuyomars Q. Golparvar ______________ Submitted Pursuant to Third Circuit L.A.R. 34.1(a) March 18, 2019 ______________ Before: SHWARTZ, KRAUSE, and BIBAS, Circuit Judges. (Filed: March 20, 2019) ______________ OPINION* ______________ SHWARTZ, Circuit Judge. * This disposition is not an opinion of the full Court and, pursuant to I.O.P. 5.7, does not constitute binding precedent. Quanguan Zheng petitions for review of the Board of Immigration Appeals’ (“BIA”) decision denying his claim for relief under the Convention Against Torture (“CAT”) and orders denying his continuance requests. Because Zheng did not establish that it is more likely than not he will be tortured if returned to China, and because he had not demonstrated good cause for a continuance nor prejudice from its denial, we will deny the petition. I Zheng is a citizen and native of China. In 2015, he entered the United States on a visitor’s visa. In November 2017, Immigration and Customs Enforcement discovered an Interpol Red Notice for Zheng1 based on an arrest warrant issued in China for embezzlement. Zheng was arrested and charged with overstaying his visa in violation of 8 U.S.C. § 1227(a)(1)(B). Zheng sought CAT relief. In November and December 2017, Zheng and his counsel appeared before an Immigration Judge (“IJ”). At Zheng’s request, the IJ gave the parties until December 27, 2017, to submit additional evidence. Zheng moved to adjourn, seeking more time to prepare,2 which the IJ denied, stating that “good cause [was] not shown” and “Respondent has been detained since mid-November.” AR 484. The IJ reminded the 1 Insofar as Zheng asserts that he was unable to fully present his case because portions of the Red Notice are obscured the Notice is in fact legible and only a few letters of certain words at the top of the document are missing because of hole punches. 2 Zheng also sought to amend his statement to explain his new basis for CAT relief after receiving the Red Notice—his fear of torture to extract a confession for the embezzlement charges. The IJ accepted Zheng’s amended statement. Zheng abandoned his original claim that he would face torture based on his conversion to Christianity. 2 parties that supporting documents were due by December 27, 2017. Zheng submitted no documents by the December 27 deadline. At the January 5, 2018 merits hearing, Zheng’s counsel made another motion to adjourn, explaining that he had not had a chance to speak with Zheng until the prior day and, in the alternative, sought a continuance to consider how the embezzlement charges impact Zheng’s claim of fear and to present an expert witness. That day, Zheng also submitted 236 pages of supporting documents. The IJ did not accept these late-filed documents and denied the continuance motion. The ...
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