Chen

MEMORANDUM *

Petitioner Xue Gui Chen, a citizen and national of China, petitions for review of a decision of the Board of Immigration Appeals (BIA).

1. Substantial evidence supports the BIA’s conclusion that Petitioner failed to meet the criteria for adjustment of status under the Chinese Student Protection Act, 8 U.S.C. § 1255 (a); 8 C.F.R. § 1245.9 . Specifically, the BIA concluded that Petitioner had failed to demonstrate presence in the United States before April 11, 1990.

Petitioner did not challenge, at the BIA, the immigration judge’s finding that witness Mei Dong Lin was not credible, so we may not revisit the issue of that witness’s credibility. See Barron v. Ashcroft, 858 F.3d 674, 678 (9th Cir.2004) (holding that an issue not appealed to the BIA is not properly before this court). The BIA permissibly found that the remittance receipts did not support Petitioner’s claim of presence because there was evidence that the receipts were not genuine or, at least, were unverified. Finally, the BIA permissibly found that the envelopes from China did not support Petitioner’s claim of presence because there was forensic evidence that the envelopes were forged. In summary, the…