From Casetext: Smarter Legal Research

Xu v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Dec 15, 2015
624 F. App'x 576 (9th Cir. 2015)

Opinion

No. 13-72452

12-15-2015

CHONGJIN XU, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A201-060-117 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Respondent's motion to lift the stay of proceedings is granted.

Chongjin Xu, a native and citizen of China, petitions for review of the Board of Immigration Appeals' order dismissing her appeal from an immigration judge's decision denying her application for asylum and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petition for review.

The agency found Xu not credible based on internally inconsistent evidence, inconsistencies between her testimony and application, and on vague, confusing, and non-responsive testimony. We lack jurisdiction to review Xu's contention that the agency should have considered the eleven-month gap between her immigration hearings in assessing her credibility. See Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir. 2004) (court lacks jurisdiction to review claims not presented to the agency). Apart from this contention, Xu does not raise any substantive challenge to the agency's adverse credibility findings. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259 ("Issues raised in a brief that are not supported by argument are deemed abandoned.").

PETITION FOR REVIEW DISMISSED.


Summaries of

Xu v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Dec 15, 2015
624 F. App'x 576 (9th Cir. 2015)
Case details for

Xu v. Lynch

Case Details

Full title:CHONGJIN XU, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Dec 15, 2015

Citations

624 F. App'x 576 (9th Cir. 2015)