Zhang

Zhang v. Holder

Good Law
316 F. App'x 682
United States Court of Appeals for the Ninth CircuitMarch 6, 2009No. 06-71066California424 words

Opinion

Lead Opinion

MEMORANDUM **

Guoping Zhang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) order denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Where, as here, the court cannot determine whether the BIA conducted de novo review, we may look to the IJ’s decision “as a guide to what lay behind the BIA’s conclusion.” Ahmed v. Keisler, 504 F.3d 1183, 1190-91 (9th Cir.2007). We review an adverse credibility determination for substantial evidence, and we uphold the finding “ ‘unless the evidence presented compels a reasonable factfinder to reach a contrary result.’ ” de Leon-Barrios v. INS, 116 F.3d 391 , 393 (9th Cir.1997) (quoting Lopez-Reyes v. INS, 79 F.3d 908, 911 (9th Cir.1996)). We dismiss in part, and deny in part, the petition for review.

We lack jurisdiction to review the BIA’s determination that Zhang failed to timely file his application for asylum and failed to establish extraordinary circumstances to excuse the delay because the facts surrounding the BIA’s determination are disputed. See Sillah v. Mukasey, 519 F.3d…

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