Yu Wang v. ERIC H. HOLDER, Jr., Attorney General

08-70113Court of Appeals for the Ninth CircuitJul 19, 2010

Full text

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
YU WANG,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-70113
Agency No. A056-570-302
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 29, 2010**
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Yu Wang, a native and citizen of China, petitions for review of the Board of
Immigration Appeals’ order dismissing her appeal from an immigration judge’s
removal order. We have jurisdiction under 8 U.S.C. § 1252. Reviewing “whether
FILED
JUL 19 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-70113 2
substantial evidence supports a finding by clear and convincing evidence” that
petitioner is removable, Nakamoto v. Ashcroft, 363 F.3d 874, 881-82 (9th Cir.
2004), we deny the petition for review.
Substantial evidence supports the agency’s conclusion that Wang entered her
marriage for the purpose of procuring an immigration benefit where Wang’s
citizen-spouse testified that their marriage was never consummated and where
Wang and her citizen-spouse never lived together in the United States. See id. at
882-83 (relevant inquiry is whether parties intended to establish a life together at
the time of marriage).
Wang’s remaining contentions are unavailing.
PETITION FOR REVIEW DENIED.

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