Xiaomei Xu v. Gonzales

MEMORANDUM **

Xiaomei Xu, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . “Where, as here, the BIA adopts the IJ’s decision while adding its own reasons, we review both decisions.” Kataria v. INS, 232 F.3d 1107, 1112 (9th Cir.2000). We review for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we deny the petition.

Substantial evidence supports the IJ and BIA’s findings that Xu is firmly resettled in Canada, and thus ineligible for asylum, because Xu admitted that she received “landed immigrant” status in Canada approximately eight years before her most recent entry into the United States. See 8 U.S.C. § 1158 (b)(2)(A)(vi); 8 C.F.R. § 1208.15 (“[a]n alien is considered to be firmly resettled if, prior to arrival in the United States, he or she entered into another country with, or while in that country received, an offer of permanent resident…