Yizhong Chen v. Eric Holder, Jr.

MEMORANDUM

Yizhong Chen petitions for review of the Board of Immigration Appeals’ (“BIA’s”) denial of asylum and withholding of removal. Reviewing legal questions de novo, Mendoza-Pablo v. Holder, 667 F.3d 1308, 1312 (9th Cir.2012), and factual findings for substantial evidence, Morgan v. Mukasey, 529 F.3d 1202, 1206 (9th Cir.2008), we grant in part and dismiss in part the petition.

1. As to Petitioner’s asylum claim, the BIA found that Petitioner had failed to demonstrate, by clear and convincing evidence, that he had filed his application within one year of the date of his arrival, as required by 8 U.S.C. § 1158 (a)(2)(B). We lack jurisdiction to review the BIA’s evaluation of conflicting evidence regarding the date of Petitioner’s arrival in the United States in reaching that factual determination. Singh v. Holder, 649 F.3d 1161, 1163 (9th Cir.2011) (en banc). We therefore dismiss the petition with respect to Petitioner’s asylum claim.

2. As to Petitioner’s claim for withholding of removal, we are unable to review the BIA’s decision because it is so ambiguous that the ground of decision is unclear. See Andia v. Ashcroft, 359 F.3d 1181, 1184 (9th Cir.2004) (per curiam) (“In…