Patience Chima v. Loretta E. Lynch

MEMORANDUM

Patience Chima, a native and citizen of Nigeria, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to remand and dismissing her appeal from an immigration judge’s (“IJ”) 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 the agency’s factual findings, Rahimzadeh v. Holder, 613 F.3d 916, 920 (9th Cir.2010), and for abuse of discretion the denial of a motion to remand, Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003). We deny the petition for review.

As an initial matter, the BIA did not abuse its discretion in denying Chima’s motion to remand proceedings to the IJ for adjustment of status because the IJ lacked jurisdiction to consider her adjustment application. See 8 C.F.R. § 1208.2 (c)(3)© (in asylum-only proceedings, “all parties are prohibited from raising or considering any other issues, including but not limited to issues of admissibility, deportability, eligibility for waivers, and eligibility for any other form of relief’); see also Nian v. Holder, 683 F.3d 1227,…