Donghong Ye v. Eric Holder, Jr. , 540 F. App'x 656 ( 2013 )

FILED
NOT FOR PUBLICATION SEP 26 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
DONGHONG YE, AKA Dong Hong Ye, No. 09-70971
Petitioner, Agency No. A075-753-992
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted September 12, 2013
San Francisco, California
Before: SCHROEDER and BYBEE, Circuit Judges, and BEISTLINE, Chief
District Judge.**
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The Honorable Ralph R. Beistline, Chief United States District Judge
for the District of Alaska, sitting by designation.
Donghong Ye, a native and citizen of China, petitions for review of the
Board of Immigration Appeals’ (“BIA”) decision dismissing Ye’s appeal of the
Immigration Judge’s (“IJ”) decision denying any relief from removal. The denial
was on the basis of marriage fraud. Substantial evidence supported the finding of
marriage fraud, including the admission of Ye’s ex-wife that she was paid to enter
a marriage that was not bona fide. The BIA did not fail to take hardship claims
into account or otherwise abuse its discretion when it denied a waiver of
inadmissability.
Ye’s principal argument is that the IJ should not have denied him a
continuance in order to permit his mother to obtain an interpreter. The only
purpose that was stated for her testimony was that she would describe the
persecution Ye’s father experienced when Ye was a child. Since there was no
nexus between the father’s persecution and the likelihood of Ye himself being
persecuted, the testimony could not have affected the decision in the case. See
Singh v. I.N.S., 134 F.3d 962, 967 (9th Cir. 1998).
The petition for review is DENIED.
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