Renshu Jin v. Eric Holder, Jr.

MEMORANDUM

Petitioner Renshu Jin, a native and citizen of China who is of Korean ethnicity, appeals the decision of the Board of Immigration Appeals (“BIA”) affirming the decision of an immigration judge (“LJ”) denying her application for asylum and withholding of removal and protection un der the Convention Against Torture (“CAT”).

The BIA ruled her asylum application was untimely. We have jurisdiction to review the timeliness determination when any view of the historical facts necessarily proves that the asylum application was timely filed. Khunaverdiants v. Mukasey, 548 F.3d 760, 765 (9th Cir.2008).

Although the testimony about her arrival in the United States may not have been credible, the IJ explicitly found that the rest of Jin’s testimony was credible. The record as a whole compels the conclusion that Jin’s asylum application was timely filed. That record includes testimony of Jin being arrested and beaten in August 2003 and reporting to the police from September to November 2003. Because Jin filed her asylum application in February 2004, her credible testimony about her experiences in China after February 2003 necessarily means she was in China until sometime after…