Lie

Lie v. Mukasey

Good Law
265 F. App'x 642
United States Court of Appeals for the Ninth CircuitJanuary 30, 2008No. 05-72347California476 words

Opinion

lead Opinion

MEMORANDUM *

Jusak Tory Lie and his wife Anastasia Yovita Shinta Indrayani, natives and citizens of Indonesia, seek review of the Board of Immigration Appeal’s (“BIA”) adoption and affirmance of the Immigration Judge’s (“IJ”) denial of their applications for withholding of removal and relief under the Convention Against Torture (“CAT”). Lie is an ethnic Chinese and Christian. Indrayani is an ethnic Indonesian and former Muslim who converted to Christianity.

The ineffective assistance of counsel claim raised by amicus is waived because this court generally does “not consider on appeal an issue raised only by an amicus.” Swan v. Peterson, 6 F.3d 1373 , 1383 (9th Cir.1993) (citations omitted). This court therefore only considers petitioners’ claims for withholding of removal and protection under the CAT.

Where the BIA cites its decision in Matter of Burbano, 20 I & N Dec. 872 (BIA 1994), and does not disagree with any part of the IJ’s decision, as here, the BIA adopts the IJ’s decision in its entirety. See Abebe v. Gonzales, 432 F.3d 1037, 1040 (9th Cir.2005) (en banc). We therefore review the IJ’s decision “as if it were that of the BIA.” Id. at 1039 (quoting Hoque v. Ashcroft,…

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