Siad

Siad v. Holder

Good Law
404 F. App'x 175
United States Court of Appeals for the Ninth CircuitNovember 22, 201006-74850California199 words

Opinion

Opinion

MEMORANDUM

Aneap Siad, native and citizen of Somalia, petitions for review of a Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her application for asylum and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings. Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s determination that Siad failed to timely file her asylum application because the underlying facts are disputed. Cf Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir.2007) (per curiam).

We deny Siad’s claim for withholding of removal because substantial evi dence supports the agency’s adverse credibility determination based on the omission from Siad’s asylum application that she was grazed by bullets as she fled the orphanage in Somalia, which formed the basis for her claim. See Kin v. Holder, 595 F.3d 1050, 1057 (9th Cir.2010).

Siad’s request for oral argument is denied.

PETITION FOR REVIEW DISMISSED in part. DENIED in part.

This disposition is not appropriate for publication and is…

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