633 Fed.Appx. 825 (3rd Cir. 2016), 15-2625, Haiyan Li v. Attorney General United States

Docket Nº:15-2625
Citation:633 Fed.Appx. 825
Opinion Judge:McKEE, Chief Judge.
Party Name:HAIYAN LI, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent
Attorney:For HAIYAN LI, Petitioner: Jay H. Lee, Esq., New York, NY. For ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent: Thomas W. Hussey, Esq., Jeffery R. Leist, Esq., Sabatino F. Leo, Esq., Loretta Lynch, Esq., United States Department of Justice, Office of Immigration Litigation, Washington, DC.
Judge Panel:Before: MCKEE, Chief Judge, AMBRO, and SCIRICA, Circuit Judges.
Case Date:March 21, 2016
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
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633 Fed.Appx. 825 (3rd Cir. 2016)

HAIYAN LI, Petitioner

v.

ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent

No. 15-2625

United States Court of Appeals, Third Circuit

March 21, 2016

Submitted January 11, 2016, Pursuant to Third Circuit L.A.R. 34.1(a)

NOT PRECEDENTIAL

Editorial Note:

This opinion is not regarded as Precedents which bind the court under Third Circuit Internal Operating Procedure Rule 5.7. (See Federal Rule of Appellate Procedure Rule 32.1)

On Petition for Review of an Order of the Board of Immigration Appeals. (Agency No. A087-755-608). Immigration Judge: Honorable Judge Rosalind K. Malloy.

For HAIYAN LI, Petitioner: Jay H. Lee, Esq., New York, NY.

For ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent: Thomas W. Hussey, Esq., Jeffery R. Leist, Esq., Sabatino F. Leo, Esq., Loretta Lynch, Esq., United States Department of Justice, Office of Immigration Litigation, Washington, DC.

Before: MCKEE, Chief Judge, AMBRO, and SCIRICA, Circuit Judges.

OPINION[*]

McKEE, Chief Judge.

Haiyan Li petitions for review of a final order of removal because the Immigration Judge relied upon an exhibit that was not officially part of the record and the Bureau of Immigration Appeals adopted the IJ's decision. According to Li, the record did not allow for meaningful review and the IJ improperly took judicial notice of country conditions in China. Li asks us to remand the BIA's decision back to the IJ. For reasons discussed below, we will deny petition for review.

I.

Li, a native of Fujian Province of the People's Republic of China, entered the United States without inspection in October 2009. In 2010, the Department of Homeland Security issued a Notice to Appear, charging Li with removability under Immigration and Nationality Act § 212(a)(6)(A)(i) as an alien present in the United States without being admitted or paroled. Li conceded removability. She

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then filed an application for asylum, withholding of removal and protection under the United Nations Convention Against Torture Act (" CAT" ), alleging she was harmed in China as a result of her participation...

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