Jun Li v. Eric H. Holder Jr.

MEMORANDUM

Jun Fu Li, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003), and for abuse of discretion the BIA’s denial of a motion to remand, de Jesus Melendez v. Gonzales, 503 F.3d 1019, 1023 (9th Cir.2007). We deny the petition for review.

The forensic expert’s testimony and report provide substantial evidence to support the agency’s finding that Li submitted a possibly fraudulent sterilization certificate and fine receipt. See Desta v. Ashcroft, 365 F.3d 741, 745 (9th Cir.2004). Accordingly, Li’s asylum and withholding of removal claims fail. See id.

Li did not advance an argument in support of his CAT claim in his opening brief. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not supported by argument are deemed waived).

Li contends the record does not support the BIA’s…