Mengya Huang v. Loretta E. Lynch ( 2016 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 1 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MENGYA HUANG, No. 14-70830
Petitioner, Agency No. A200-267-034
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
Mengya Huang, a native and citizen of China, petitions pro se for review of
the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an
immigration judge’s decision denying her application for asylum, withholding of
removal, and protection under the Convention Against Torture (“CAT”). We
*
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).
have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the
agency’s factual findings, applying the standards created by the REAL ID Act, Ren
v. Holder, 648 F.3d 1079, 1083, 1089-91 (9th Cir. 2011), and we deny the petition
for review.
We do not consider the materials Huang references in and attaches to her
opening brief that are not part of the administrative record. See Fisher v. INS, 79
F.3d 955, 963 (9th Cir. 1996) (en banc).
Substantial evidence supports the BIA’s conclusion that Huang did not
sufficiently corroborate her claim. See Aden v. Holder, 589 F.3d 1040, 1046 (9th
Cir. 2009) (record did not compel the conclusion that petitioner’s corroborative
evidence satisfied his burden of proof). Further, the BIA reasonably rejected her
explanations as to why she could not obtain corroborating evidence. See Ren, 648
F.3d at 1092 n.12. Thus, we deny the petition for review as to Huang’s claims for
asylum, withholding of removal, and CAT protection. See Aden, 589 F.3d at
1046-47.
PETITION FOR REVIEW DENIED.
2 14-70830