Yung Jian Shi v. Gonzales

MEMORANDUM **

Yung Jian Shi, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) order denying his motion to reopen removal proceedings. To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, see Konstantinova v. INS, 195 F.3d 528, 529 (9th Cir.1999), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider Shi’s contention that the IJ denied him due process by allowing him to withdraw his application for asylum. Shi did not raise this issue before the BIA and thereby failed to exhaust his administrative remedies. 8 U.S.C. § 1252 (d)(1); Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

Shi contends the IJ violated due process by not accepting his marriage as bona fide. Because Shi’s marriage occurred while Shi was in removal proceedings, Shi was required to submit evidence establishing that the marriage was entered into in good faith. See Malhi v. INS, 336 F.3d 989, 994 (9th Cir.2003); Matter of Velarde-Pacheco, 23 I. & N. Dec. 253, 256 (BIA…