Yun Li v. Eric Holder, Jr.

MEMORANDUM

Yun Li, a native and citizen of China, petitions 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 relief under the Convention Against Torture. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evi dence factual findings, Tekle v. Mukasey, 533 F.3d 1044, 1051 (9th Cir.2008), and de novo due process claims, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003). We deny in part, grant in part, and dismiss in part the petition for review, and we remand.

We reject Li’s contention that the BIA erred in not addressing the IJ’s denial of her asylum application as time-barred. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (petitioner must show error and prejudice to establish a due process violation); Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir.2004) (the BIA did not need to reach the merits of petitioner’s claim when a threshold determination showed petitioner was ineligible for relief). Li has not exhausted her contention that the IJ improperly acted as a prosecutor in questioning her about her…