U.S. Court of Appeals for the Ninth Circuit, 2018

Qi Li v. Jefferson Sessions

Qi Li v. Jefferson Sessions
U.S. Court of Appeals for the Ninth Circuit · Decided January 22, 2018 · Reinhardt, Trott, Hurwitz
710 F. App'x 304

Qi Li v. Jefferson Sessions

Opinion

MEMORANDUM **

Qi Li, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“U”) decision denying his application for asylum. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s application of the extraordinary circumstances exception to undisputed facts. Singh v. Holder, 656 F.3d 1047, 1051 (9th Cir. 2011). We review de novo claims of due process violations in immigration proceedings. Jiang v. Holder, 754 F.3d 733, 738 (9th Cir. 2014). We deny the petition for review.

The record does not compel the conclusion that Li established extraordinary circumstances to excuse his untimely-filed asylum application. See 8 C.F.R. §§ 1208.4(a)(5). Thus, we deny the petition for review.

We reject, as unsupported by the record, Li’s claim that the IJ was biased. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error to prevail on a due process claim).

In light of our disposition, we do not reach Li’s other contentions regarding the sufficiency of his corroborative evidence.

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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