Xiaopin Zen v. Eric Holder, Jr.

Good Law
575 F. App'x 749
United States Court of Appeals for the Ninth CircuitMay 23, 201412-74044California309 words

Opinion

Opinion

MEMORANDUM

Xiaopin Zen, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny the petition for review.

Zen contends she established an individualized risk of persecution based on the government’s practice of suppressing dissent and because Chinese authorities personally targeted her due to her involvement in a protest.

We do not consider the new evidence Zen references in her opening and reply briefs. See Fisher v. INS, 79 F.3d 955, 963 (9th Cir.1996) (en banc) (court’s review is limited to the administrative record). Nor do we consider the new contentions Zen raises in her reply brief regarding Chinese permit laws and regulations. See Bazuaye v. INS, 79 F.3d 118, 120 (9th Cir.1996) (per curiam) (“Issues raised for the first time in the reply brief are waived.”).

Even if Zen showed the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.