Mordovets

Mordovets v. Holder

Good Law
422 F. App'x 579
United States Court of Appeals for the Ninth CircuitMarch 17, 2011No. 06-75473California419 words

Opinion

Lead Opinion

MEMORANDUM **

Larisa Vladimirovna Mordovets, a native and citizen of Russia, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“LI”) decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence findings of fact, Tekle v. Mukasey, 533 F.3d 1044, 1051 (9th Cir.2008), and de novo claims of due process violations in removal proceedings, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the IJ’s determination that Mordovets’ asylum application was untimely because that finding is based on disputed facts. See 8 U.S.C. § 1158 (a)(3); cf. Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir.2007) (per curiam). Accordingly, we dismiss the petition as to Mordovets’ asylum claim.

Substantial evidence supports the IJ’s adverse credibility determination because Mordovets’ failure to mention her five arrests during her testimony, and the omission from her asylum application that she was a…

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