Bin LIN, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent, 133 F. App'x 882

PER CURIAM: Bin Lin, a native and citizen of China, petitions for review of an order of the Board of Immigration Appeals affirming the Immigration Judge’s (IJ) denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture. Lin contends that he established eligibility for asylum. As the IJ concluded that the asylum application was untimely, we find that consideration of Lin’s asylum claim is barred. See 8 U.S.C. § 1158(a)(3) (2000).

Lin next asserts that he was denied due process at the asylum hearing because his testimony was rushed due to the interpreter’s need to leave early for a medical appointment. We reject this claim because Lin fails to show that he was prejudiced by the alleged violation. See Rusu v. INS, 296 F.3d 316, 320 (4th Cir.2002). We accordingly deny the petition for review. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED