Mingzi Jin v. Eric H. Holder Jr.

MEMORANDUM

Mingzi Jin, a native and citizen of China, petitions for review of an order of the Board of Immigration Appeals (“BIA”) affirming the immigration judge’s (“IJ’s”) denial of her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). In the face of disputed facts, under 8 U.S.C. § 1158 (a)(3) we lack jurisdiction to review the BIA’s finding that Jin failed to timely file her asylum application. Khunaverdiants v. Mukasey, 548 F.3d 760, 765 (9th Cir.2008). Because no constitutional claim provides an exception, we dismiss the petition to review her asylum claim. We have jurisdiction under 8 U.S.C. § 1252 over her remaining claims. Having reviewed the grounds relied upon by the BIA, we grant review of her withholding claim and deny her petition for review under the CAT.

Regarding her withholding claim, the BIA affirmed the IJ’s adverse credibility finding based on her demeanor and inconsistent statements between her asylum application and hearing testimony. “We review the BIA’s findings of fact, including credibility findings, for substantial evidence and must uphold the BIA’s finding unless the evidence compels a…