Gu

Wenli Gu v. Holder

Good Law
366 F. App'x 855
United States Court of Appeals for the Ninth CircuitFebruary 24, 201007-72375California325 words

Opinion

Opinion

MEMORANDUM

Wenli Gu and her husband Na Shing Li, natives and citizens of China, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing Gu’s appeal from an immigration judge’s (“IJ”) decision denying their 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, Husyev v. Mukasey, 528 F.3d 1172, 1177 (9th Cir.2008), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction over the petition for review with respect to Li’s claims because he failed to join Gu’s appeal to the BIA, see Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004), and accordingly dismiss in part as to Li’s claims.

In her opening brief, Gu did not challenge the agency’s dispositive determination that her asylum claim is time-barred. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir.1996) (issues not supported by argument are deemed abandoned).

Substantial evidence supports the IJ’s adverse credibility determination as to past persecution because the ineonsisten- des regarding Gu’s employment history, removal…

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