United States Sixth Circuit

Petition for review of a denial of an application for asylum and related relief, as well as a motion to remand to the BIA and supplement the record, is dismissed in part as to the asylum claim and otherwise denied where: 1) there was substantial evidence to support an IJ's finding that petitioner's marriage was not entered in good faith; 2) the circuit court lacked of jurisdiction to review the asylum claim; 3) for purposes of withholding and CAT relief, petitioner failed to show that the BIA incorrectly determined that China's population-control policies would not be applied against her; 4) the BIA did not abuse its discretion in denying a motion to remand to allow her to reapply for asylum on the basis of the alleged birth of her second child; 5) the BIA did not abuse its discretion in denying a motion to remand to allow her to apply for adjustment of status based on her marriage; and 6) the court adopts the Second Circuit's analysis of the circumstances that render inappropriate the exercise of an inherent equitable power to remand cases to administrative agencies.

Appellate Information

• Decided 04/25/2008
• Published 04/25/2008

Judges

• Before:  MOORE and McKEAGUE, Circuit Judges;  SCHWARZER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Theodore N. Cox, Law Offices, New York, New York, for Petitioner.  Melissa S. Leibman, United States Department of Justice, Washington, D.C., for Respondent.