Lie v. Ashcroft
Opinion of the Court
MEMORANDUM
Fransiska Lie, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ decision, which summarily affirmed the Immigration Judge’s (“U”) order denying her application for asylum, withholding of removal and for protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252, and we review for substantial evidence. Gormley v. Ashcroft, 364 F.3d 1172, 1176 (9th Cir. 2004). We deny the petition for review.
Because Lie did not establish eligibility for asylum, she necessarily fails to meet the requirements for withholding of removal. See Pedro-Mateo v. INS, 224 F.3d 1147, 1150 (9th Cir. 2000).
Substantial evidence supports the IJ’s denial of Lie’s CAT claim. See Malhi v. INS, 336 F.3d 989, 993 (9th Cir. 2003).
Pursuant to Desta v. Ashcroft, 365 F.3d 741 (9th Cir. 2004), Lie’s motion for stay of removal included a timely request for stay of voluntary departure. Because the stay of removal was continued based on the government’s filing of a notice of non-opposition, the voluntary departure period was also stayed, nunc pro tunc, as of the filing of the motion for stay of removal and this stay will expire upon issuance of the mandate.
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- Fransiska LIE v. John ASHCROFT, Attorney General
- Status
- Published