Congbai Li v. Gonzales
Congbai Li v. Gonzales
Opinion of the Court
MEMORANDUM
Congbai Li, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) order denying Li’s applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). To the extent we have jurisdic
The agency found Li’s testimony incredible based on specific aspects of his demeanor, as well as inconsistencies and implausibilities regarding the circumstances of Li’s arrest and his ability to travel following his probationary release from detention. The record does not compel a contrary finding. See Singh-Kaur v. INS, 183 F.3d 1147, 1151 (9th Cir. 1999) (stating credibility determinations based on an applicant’s demeanor are given “special deference”). Without providing credible testimony, Li has failed to establish eligibility for asylum or withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
We lack jurisdiction to review the agency’s denial of protection under the CAT because Li failed to raise the issue before the BIA. See 8 U.S.C. § 1252(d)(1); Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004) (court lacks jurisdiction to review claims not exhausted in administrative proceedings).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.