U.S. Court of Appeals for the Ninth Circuit, 2013

Chunli Wu v. Eric Holder, Jr.

Chunli Wu v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided June 20, 2013 · Tallman, Smith, Hurwitz
530 F. App'x 628

Chunli Wu v. Eric Holder, Jr.

Opinion

*629 MEMORANDUM **

Chunli Wu, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for review.

The immigration judge previously found that Wu’s original application for asylum was frivolous, and Wu has not shown that the finding has been disturbed. Accordingly,, Wu is permanently barred from receiving asylum in the United States. See 8 U.S.C. § 1158(d)(6).

Further, the BIA did not abuse its discretion in finding that Wu failed to show prima facie eligibility for withholding of removal where Wu did not make any substantive arguments for withholding of removal to the BIA. See Ali v. Holder, 637 F.3d 1025, 1029 n. 2 (9th Cir. 2011) (recognizing asylum applications are automatically considered requests for withholding of removal but noting burden of proof for withholding of removal is higher than for asylum); Najmabadi, 597 F.3d at 986 (court defers to BIA’s exercise of discretion unless arbitrary, irrational, or contrary to law).

Finally, we reject Wu’s contention that the BIA’s consideration of her claims was inadequate.

PETITION FOR REVIEW DENIED.

**

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

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