Nyamdelger Tomsuren v. Loretta E. Lynch

MEMORANDUM

Nyamdelger Tomsuren and her husband Batbold Burentugs, Mongolian citizens, petition for review of the Board of Immigration Appeals’ dismissal of their appeal from the immigration judge’s decision denying their asylum applications as time- barred and denying Burentugs’s application for withholding of removal and protection under the Convention Against Torture. Except as noted below, we have jurisdiction under 8 U.S.C. § 1252 . We GRANT THE PETITION IN PART, DISMISS IN PART, and REMAND for further proceedings.

With respect to petitioners’ asylum applications, we have jurisdiction to consider the BIA’s application of the exceptions to the one-year bar to undisputed facts. Singh v. Holder, 656 F.3d 1047, 1051 (9th Cir.2011); Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir.2007). However, we lack jurisdiction to consider the BIA’s application of the exceptions to disputed facts. Gasparyan v. Holder, 707 F.3d 1130, 1134 (9th Cir.2013). Because the BIA’s determination that petitioners failed to establish “changed circumstances” is based on the undisputed fact that petitioners’ persecutor, Miyegombyn Enkhbold, was elected Prime Minister of Mongolia in January 2006, we have…