Huajun Liu v. Eric Holder, Jr.

Good Law
540 F. App'x 713
United States Court of Appeals for the Ninth CircuitSeptember 30, 201311-73020California274 words

Opinion

Opinion

MEMORANDUM

Huajun Liu, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo due process challenges to immigration decisions. Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir.2004). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider Liu’s contentions that the IJ violated her due process rights by allowing multiple direct and cross examinations and by failing to specify the evidentiary bases for the adverse credibility finding, because she failed to exhaust these contentions before the BIA. See id. at 678 (court lacks jurisdiction to consider correctable procedural due process challenges that have not been administratively exhausted).

Liu’s contention that the BIA deprived her of due process by failing to specify the evidentiary basis for upholding the IJ’s adverse credibility finding is not supported by the record, because the BIA provided…

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