Gao
Gao v. Ashcroft
Opinion
Lead Opinion
*95 MEMORANDUM *
Petitioner Ge Gao, a native and citizen of China, petitions for review of an order of the Board of Immigration Appeals (“BIA” or “Board”) affirming without opinion the Immigration Judge’s (“IJ”) decision denying Gao asylum, withholding of removal, relief under the Convention Against Torture (“CAT”), and voluntary departure. The IJ held that Gao’s asylum claim was time-barred, and he denied all other relief after making an adverse credibility finding. We have no jurisdiction to review Gao’s claims for asylum, relief under the Torture Convention, or voluntary departure. We have jurisdiction over the BIA’s denial of Gao’s request for withholding of removal under 8 U.S.C. § 1252 (a). We hold that the IJ’s adverse credibility finding is not supported by substantial evidence, and we remand to the BIA to consider Gao’s withholding of removal claim.
I. Asylum
The IJ held that Gao’s asylum application was time-barred because it was not filed within one year of Gao’s entry into the United States, and his failure to timely file his application was not excused by extraordinary circumstances. We have no jurisdiction to consider whether the IJ erred in holding Gao’s asylum…