Xue

MEMORANDUM *

Jiuyin Xue, a native and citizen of China, petitions for review of a final order of removal issued by the Board of Immigration Appeals (“BIA”). On appeal Xue contends that: (1) the Immigration Judge (“IJ”) erred in determining that Xue failed to file his asylum application within one year of his arrival in the United States; (2) the IJ erred in finding Xue not credible and determining that he was not eligible for asylum, withholding, or Convention Against Torture (“CAT”) relief; (3) the IJ was biased against Xue; and (4) the BIA erred by not issuing an opinion.

We dismiss the petition with respect to the asylum claim for lack of jurisdiction; deny the petition with respect to Xue’s due process claims and claim for withholding based on religious persecution; and grant the petition with respect to Xue’s claim of persecution for violation of China’s one child policy. We remand the case to the BIA for a determination of Xue’s eligibility for withholding based on the one-child claim.

I

An alien applying for asylum must “demonstrate[ ] by clear and convincing evidence that the application has been filed within 1 year after the date of the alien’s arrival in the United…