Albert Njie v. Eric Holder, Jr.
Opinion
Opinion
MEMORANDUM
Albert Sesay Bully Njie (“Njie”) seeks review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal of the Immigration Judge’s (“IJ”) decision finding him inadmissible and denying his application for adjustment of status. He also seeks review of the decision to deny his motion to subpoena the Secretary of the Department of Homeland Security and the Commissioner of United States Customs and Border Protection. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny his petition for review.
When the BIA conducts an independent review of the IJ’s findings, we review the BIA’s decision and not that of the IJ. Hernandez-Guadarrama v. Ashcroft, 394 F.3d 674, 679 (9th Cir.2005). We review the BIA’s determination of purely legal questions de novo. De Martinez v. Ashcroft, 374 F.3d 759, 761 (9th Cir.2004). We review factual findings for substantial evidence. Ridore v. Holder, 696 F.3d 907, 911 (9th Cir.2012). We review for abuse of discretion a decision not to issue a subpoena for the production of documentary evidence. Kaur v. I.N.S., 237 F.3d 1098, 1099 (9th Cir.), amended on other grounds on denial of reh’g, 249 F.3d 830 (9th Cir.2001).