Changsheng Li v. Gonzales

Good Law
171 F. App'x 181
United States Court of Appeals for the Ninth CircuitMarch 16, 2006No. 04-73314; Agency No. A95-316-181California364 words

Opinion

Lead Opinion

MEMORANDUM **

Changsheng Li, a native and citizen of China, petitions for review of the Board of Immigration Appeals (“BIA”) decision dismissing his appeal from an immigration judge’s (“IJ”) decision pretermitting his application for asylum, and denying his application for withholding of removal and relief under the Convention Against Torture (“CAT”). To the extent we have jurisdiction it is conferred by 8 U.S.C. § 1252 . Reviewing for substantial evidence, Kasnecovic v. Gonzales, 400 F.3d 812, 813 (9th Cir.2005), we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the BIA’s denial of Li’s asylum application as untimely. See 8 U.S.C. § 1158 (a)(3); Ramadan v. Gonzales, 427 F.3d 1218, 1222 (9th Cir.2005) (no jurisdiction to review agency determination that asylum application was not filed within one year after the last entry into the United States and no “changed circumstances” excused late filing).

Substantial evidence supports the IJ’s determination that Li failed to satisfy his burden of establishing eligibility for withholding removal, because the incidents Li witnessed in China, and his subsequent involvement with the police, do not…

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