Li Zhou v. Gonzales

MEMORANDUM **

Li Zhou, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of an Immigration Judge’s (“U”) denial of her applications for asylum, withholding of removal, and for relief under the Convention Against Torture (“CAT”), and the BIA’s denial of her due process claim. We have jurisdiction under 8 U.S.C. § 1252 . We review due process claims de novo, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir. 2000), and the remaining claims for substantial evidence. Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001). We deny the petition.

Petitioner contends that the IJ violated her due process rights by allowing the asylum officer to testify by telephone during her hearing and by admitting the asylum officer’s “unreliable” testimony. Because the asylum officer was sworn in, and his testimony was subject to a lengthy cross-examination, petitioner fails to show that the testimony was unreliable or that allowing the testimony by telephone was “so fundamentally unfair that [she] was prevented from reasonably presenting [her] case.” See Colmenar, 210 F.3d at 971 ; Beltran-Tirado v. INS, 213 F.3d 1179, 1185-86 (9th Cir.2000) (holding…