Chen

MEMORANDUM

Zhe Chen, a native and citizen of China, petitions for review of a decision of the Board of Immigration Appeals (BIA) affirming an immigration judge’s (IJ) denial of asylum, withholding of removal, and relief under the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252 . We grant the petition for review and remand to the BIA for further proceedings consistent with this opinion.

1. Notwithstanding 8 U.S.C. § 1158 (a)(3), our court suggests that we retain jurisdiction to review whether Chen’s application for asylum was untimely, because we are applying undisputed facts to the statute. See Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir.2007) (per curiam). We conclude that the BIA erred in determining that Chen’s application was untimely. The BIA did not make an adverse credibility determination. Thus, Chen’s credible testimony was that he entered the United States in November 2002, which is totally uncontradicted in this record. See She v. Holder, 629 F.3d 958, 964 (9th Cir.2010) (explaining a petitioner’s testimony is presumed credible absent an explicit adverse credibility finding). Further, absent an adverse credibility finding, the BIA…