Adrian
Adrian v. Holder
Opinion
Opinion
MEMORANDUM
Veronica Adrian petitions for review of (1) the Board of Immigration Appeals’ af-firmance of the immigration judge’s denial of Adrian’s application for asylum and request for withholding of removal and CAT relief (No. 05-74977) and (2) the BIA’s denial of her motion to reconsider (No. 05-76059). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We grant in part Adrian’s petition for review in No. 05-74977 and remand for further proceedings, and we deny as moot her petition in No. 05-76059.
We review de novo the BIA’s determination of purely legal issues. Shrestha v. Holder, 590 F.3d 1034, 1048 (9th Cir.2010). We review for substantial evidence the BIA’s denial of asylum, withholding of removal, and CAT relief. Ahmed v. Keisler, 504 F.3d 1183, 1191 (9th Cir.2007).
The BIA ruled that Adrian’s application for asylum was not timely filed and that its tardiness was not excused by extraordinary circumstances. As an initial matter, we have jurisdiction to review the BIA’s determination because the facts are undisputed and a pure question of law is presented. 8 U.S.C. § 1252 (a)(2)(D); Husyev v. Mukasey, 528 F.3d 1172, 1179-81 (9th Cir.2008).