Neng Lin v. Loretta E. Lynch

MEMORANDUM

Respondent’s motion to reinstate the briefing schedule, deemed a motion to lift the prior stay of proceedings, is granted.

Neng Zhuo Lin, 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 (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. Zehatye v. Gonzales, 458 F.3d 1182, 1184-85 (9th Cir.2006). We review de novo due process challenges. Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004). We deny in part and dismiss in part the petition for review.

Lin does not challenge the agency’s determination that, even if Lin was credible and established past persecution, his presumption of a well-founded fear of future persecution in China was rebutted by the passage of time and the absence of harassment by the government since 1989. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not supported by argument are deemed waived). Substantial evidence…