Dabo

MEMORANDUM

Dan Bala Dabo, a native and citizen of Nigeria, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, protection under the Convention Against Torture (“CAT”), and voluntary departure. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We grant in part, deny in part, and remand.

The BIA denied Dabo’s asylum claim as untimely. However, “[w]here, as here, the government alleges an alien’s arrival date in its Notice to Appear, and the alien admits the government’s allegation before the IJ, the allegations are considered judicial admissions ‘rendering [the arrival date] undisputed.’ ” Cinapian v. Holder, 567 F.3d 1067, 1073 (9th Cir.2009) (citing Hakopian v. Mukasey, 551 F.3d 843, 846 (9th Cir.2008)). Dabo admitted each of the government’s allegations in the Notice to Appear (“NTA”), including the allegation that he arrived in the United States on November 30, 2002. The government never moved to amend its Notice to Appear or otherwise contested Dabo’s stated date of entry. It is undisputed that Dabo’s asylum application was filed on January 8, 2003.…