Qi Li v. Jefferson Sessions

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 22 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT QI LI, No. 13-73142 Petitioner, Agency No. A087-603-742 v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 16, 2018** Before: REINHARDT, TROTT, and HURWITZ, Circuit Judges. 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 (“IJ”) decision denying his application for asylum. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 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. 2 13-73142 13-73142 Court of Appeals for the Ninth Circuit ca9 9th Cir. Qi Li v. Jefferson Sessions 22 January 2018 Agency Unpublished d5bf793023596bfd9a79bec2a6e94631a3b35d0c

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