Fang
Zhu Qin Fang v. Holder
Opinion
Opinion
MEMORANDUM
Petitioner Zhu Qin Fang, a native and citizen of the People’s Republic of China, petitions for review of two orders of the Board of Immigration Appeals. We dismiss Fang’s petition for review of the BIA’s December 2006 order upholding the immigration judge’s grant of withholding of removal under the Convention Against Torture, because Fang does not contest the CAT relief. We deny Fang’s second petition challenging the BIA’s August 2007 decision affirming the IJ’s denial of his application for adjustment of status.
Discretionary denials of adjustment of status are generally not reviewable. See 8 U.S.C. § 1252 (a)(2)(B)(i); Bazua-Cota v. Gonzales, 466 F.3d 747, 748-9 (9th Cir.2006). We have jurisdiction over his petition under 8 U.S.C. § 1252 (a)(2)(D) only to the extent that Fang raises a constitutional claim.
The IJ did not violate due process when she used information from Chinese government sources to conclude that Fang had been involved in the embezzlement of public funds and when she denied Fang’s adjustment of status application on this basis. Fang contends that during the hearings on his CAT claim, the IJ found the testimony of the Chinese officials to be…