Kaur

MEMORANDUM

Sarabjit Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (BIA) order dismissing her appeal from an immigration judge’s (IJ) decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Because the parties are familiar with the factual and procedural history of this case, we need not recount it here. We review the legal questions de novo, and the factual findings for substantial evidence. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny the petition for review.

Neither the IJ nor the BIA made an explicit adverse credibility finding. As a result, Kaur’s testimony as to her date of arrival must be accepted as true. See Kalubi v. Ashcroft, 364 F.3d 1134, 1137-38 (9th Cir.2004). We have jurisdiction to review the finding that Kaur’s asylum application was not filed within one year of her arrival in the United States because resolution of the question requires application of law to undisputed facts. See Ramadan v. Gonzales, 479 F.3d 646, 648 (9th Cir.2007) (per curiam). Given that Kaur’s testimony was undisputed and must be accepted as true, the IJ…