Shoghik Hovhannisyan v. Eric Holder, Jr.

MEMORANDUM

Shoghik Hovhannisyan petitions for review of decisions by the Board of Immigration Appeals (“BIA”) rejecting her application for asylum, her application for withholding of removal, her application for protection under the Convention Against Torture (“CAT”), and her motion to reopen. We dismiss the petition for lack of jurisdiction, in part, and deny the petition, in part.

I

The BIA agreed with the immigration judge’s conclusion that Hovhanni-syan’s asylum application was untimely under 8 U.S.C. § 1158 (a)(2)(B) because her testimony and other evidence regarding the date and circumstances under which she entered the United States was not clear and convincing. Hovhannisyan contends that the immigration judge violated her constitutional right to due process by exhibiting bias before Hovhannisyan began testifying. Although we generally lack jurisdiction to review the BIA’s determination that an asylum application is untimely, we do have jurisdiction over constitutional claims and questions of law. Singh v. Holder, 649 F.3d 1161, 1164 (9th Cir.2011) (en banc). Here, we have jurisdiction to consider Hovhannisyan’s constitutional due process challenge based on the…