Jinghai Li v. Mukasey

MEMORANDUM *

Jinghai Li, a native and citizen of China, petitions for review of the Board of Immi *389 gration Appeals’ (“BIA”) summary affirmance of the Immigration Judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 .

Pursuant to 8 U.S.C. § 1158 (a)(3), we do not have jurisdiction to review the BIA’s discretionary determination that an asylum application was untimely filed. Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001). Li admits he filed his asylum application on November 1, 1999, which was more than one year after his entry to the United States on September 3, 1998. Li’s claim that he started to work on his application within one year of his entry does not excuse his failure to file within one year, and the facts underlying Li’s claim that extraordinary circumstances allow tolling of the one-year deadline are in dispute. Cf. Husyev v. Mukasey, 528 F.3d 1172, 1179 (9th Cir.2008).

The BIA denied Li relief because it found that he was not credible. We review the BIA’s determination for substantial evidence. Kumar v. Gonzales, 444 F.3d 1043,…