Zhong Li v. Holder

MEMORANDUM **

Zhong Li, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We review for substantial evidence factual findings. Don v. Gon *198 zales, 476 F.3d 738, 741 (9th Cir.2007). Our jurisdiction is governed by 8 U.S.C. § 1252 . We dismiss in part and deny in part the petition for review.

We decline to consider the new evidence Li attaches to his opening brief because our review is limited to the administrative record underlying the IJ’s decision. See Fisher v. INS, 79 F.3d 955, 963 (9th Cir.1996) (en banc).

We lack jurisdiction to consider the agency’s time-bar finding because the facts concerning Li’s entry into the United States are disputed. See Ramadan v. Gonzales, 479 F.3d 646, 648-54 (9th Cir.2007). We also lack jurisdiction to review Li’s contentions regarding a pattern or practice of persecution against Christians in underground churches, his violation of China’s exit laws, and his conduct outside China because Li did not raise…