Qi

Hongqing Qi v. Holder

Good Law
360 F. App'x 861
United States Court of Appeals for the Ninth CircuitDecember 29, 200906-75500California461 words

Opinion

Opinion

MEMORANDUM

Hongqing Qi, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to remand and 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”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence adverse credibility determinations, Sidhu v. INS, 220 F.3d 1085, 1088 (9th Cir.2000), we review for abuse of discretion the denial of a motion to remand, de Jesus Melendez v. Gonzales, 503 F.3d 1019, 1023 (9th Cir.2007), and we review de novo claims of ineffective assistance of counsel, Munoz v. Ashcroft, 339 F.3d 950, 955 (9th Cir.2003). We deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination because Qi’s inconsistent testimony as to both whether he was arrested, and the day he was released from detention, gave the IJ reason to question Qi’s credibility, and Qi’s wife, who was present in the United States, declined to testify on his behalf after the IJ granted a continuance for that purpose. See Sidhu, 220…

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