Qianyue Wu v. Eric Holder, Jr. , 446 F. App'x 872 ( 2011 )

FILED
NOT FOR PUBLICATION AUG 9 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
QIANYUE WU, No. 10-71423
Petitioner, Agency No. A095-649-009
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 2, 2011 **
Before: RYMER, IKUTA, and N.R. SMITH, Circuit Judges.
Qianyue Wu, a native and citizen of China, petitions for review of the Board
of Immigration Appeals’ decision dismissing his appeal from an immigration
judge’s removal order. Our jurisdiction is governed by 8 U.S.C. § 1252. We
review for substantial evidence the agency’s factual findings. Vasquez v. Holder,
*
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).
602 F.3d 1003, 1009 (9th Cir. 2010). We deny in part and dismiss in part the
petition for review.
Substantial evidence supports the agency’s finding of marriage fraud under
8 U.S.C. § 1227(a)(1)(G) where Wu’s testimony failed to show that he and his
former spouse intended to establish a life together at the time they were married.
See Nakamoto v. Ashcroft, 363 F.3d 874, 882 (9th Cir. 2004).
We lack jurisdiction to review Wu’s claim for relief under 8 U.S.C.
§ 1227(a)(1)(H) because he failed to raise it before the agency. See Barron v.
Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (this court lacks jurisdiction to review
contentions not raised before the agency).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 10-71423