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Zhang v. Holder

United States Court of Appeals, Ninth Circuit
Nov 2, 2010
402 F. App'x 274 (9th Cir. 2010)

Opinion

No. 09-71669.

Submitted October 19, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed November 2, 2010.

David Z. Su, Esquire, Law Offices of David Z. Su, Monterey Park, CA, for Petitioner.

Oil, Edward Earl Wiggers, Esquire, U.S. Department of Justice, Washington, DC, Ronald E. LeFevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A097-867-607.

Before: O'SCANNLAIN, LEAVY, and TALLMAN, Circuit Judges.



MEMORANDUM

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

Yilin Zhang, 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 decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture ("CAT"). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency's factual findings, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review Zhang's claim that the transcript of the hearing testimony was incomplete because he failed to raise the argument before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (no jurisdiction over legal claims not presented in administrative proceedings below). Accordingly, we dismiss the petition with respect to that claim.

Zhang failed to raise any substantive challenge to the BIA's denial of his claims for relief in his opening brief. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not specifically raised and argued in a party's opening brief are waived). Accordingly, we deny the petition as to his asylum, withholding of removal, and CAT claims.

PETITION FOR REVIEW DISMISSED in part; DENIED in part.


Summaries of

Zhang v. Holder

United States Court of Appeals, Ninth Circuit
Nov 2, 2010
402 F. App'x 274 (9th Cir. 2010)
Case details for

Zhang v. Holder

Case Details

Full title:YILIN ZHANG, Petitioner, v. Eric H. HOLDER, Jr., Attorney General…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 2, 2010

Citations

402 F. App'x 274 (9th Cir. 2010)