Chongjin Xu v. LORETTA E. LYNCH, Attorney General

13-72452Court of Appeals for the Ninth Circuit15.12.2015

Gesamter Gesetzestext

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CHONGJIN XU,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 13-72452
Agency No. A201-060-117
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 9, 2015**
Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges.
Respondent’s motion to lift the stay of proceedings is granted.
Chongjin Xu, a native and citizen of China, petitions for review of the Board
of Immigration Appeals’ order dismissing her appeal from an immigration judge’s
FILED
DEC 15 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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decision denying her application for asylum and withholding of removal. Our
jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petition for review.
The agency found Xu not credible based on internally inconsistent evidence,
inconsistencies between her testimony and application, and on vague, confusing,
and non-responsive testimony. We lack jurisdiction to review Xu’s contention that
the agency should have considered the eleven-month gap between her immigration
hearings in assessing her credibility. See Barron v. Ashcroft, 358 F.3d 674, 677
(9th Cir. 2004) (court lacks jurisdiction to review claims not presented to the
agency). Apart from this contention, Xu does not raise any substantive challenge
to the agency’s adverse credibility findings. See Martinez-Serrano v. INS, 94 F.3d
1256, 1259 (“Issues raised in a brief that are not supported by argument are
deemed abandoned.”).
PETITION FOR REVIEW DISMISSED.
13-72452 2

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