Yingjie Li v. Eric Holder, Jr.

MEMORANDUM

Yingjie Li, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from the immigration judge’s decision (“IJ”) denying his application for asylum, withholding of removal, and protection under the Convention Against Torture. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, applying the standards created by the REAL ID Act governing adverse credibility determinations. Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir.2010). We review de novo claims of due process violations. Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir.2004). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider Li’s claim that the IJ violated his rights to due process by not allowing him to present his proposed witness because Li did not exhaust this claim before the BIA. Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004). We reject Li’s contention that the IJ violated his due process rights by prejudging Li’s claim of future fear. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (petitioner must show error…