Di Wu v. Mukasey

MEMORANDUM **

Di Wu, 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 protection under the Convention Against Torture (“CAT”), and denying her motion to remand to seek adjustment of status. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence adverse credibility determinations, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we review for abuse of discretion the denial of a motion to remand, Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the IJ’s adverse credibility finding that Wu’s declaration and testimony conflict regarding when the government confiscated her home for violating China’s family planning policy, and this inconsistency goes to the heart of her asylum claim. See Chebchoub, 257 F.3d at 1043 . We lack jurisdiction to address Wu’s unexhausted contention that translations problems may have caused the IJ to mis-understand when the government confiscated…