Ng

Ng v. Gonzales

Good Law
121 F. App'x 785
United States Court of Appeals for the Ninth CircuitFebruary 17, 2005No. 03-72596; Agency No. A77-844-986California374 words

Opinion

Lead Opinion

MEMORANDUM ***

Petitioner Kwie Ha Ng, an Indonesian native of Chinese ethnicity, seeks review of *786 a decision by the Immigration Judge (“IJ”) denying withholding of removal under the Immigration and Nationality Act (“INA”) § 241(b)(3)(A); 8 U.S.C. § 1231 (b)(3)(A). The Board of Immigration Appeals (“BIA”) affirmed the IJ’s decision without opinion; we therefore review the IJ’s decision as the final agency determination. Falcon Carriche v. Ashcroft, 350 F.3d 845, 851 (9th Cir.2003). We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition for review.

Ng seeks review only of the IJ’s denial of withholding of removal, conceding that her asylum claim is pretermitted by her delayed filing. We review the IJ’s determination under the substantial evidence standard. Singh v. INS, 134 F.3d 962 , 971 n.16 (9th Cir.1998). In order to obtain mandatory withholding of removal, “the alien [must] demonstrate[ ] ‘a clear probability of persecution’ by showing that it is ‘more likely than not that the alien will be persecuted if deported.’ ” Singh, 134 F.3d at 971 (quoting Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir.1995)). Although “ethnic Chinese are significantly disfavored…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.