Zhenhua Jin v. Holder

Good Law
320 F. App'x 753
United States Court of Appeals for the Ninth CircuitMarch 31, 2009No. 06-74141California397 words

Opinion

Lead Opinion

*755 MEMORANDUM **

Zhenhua Jin, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004), and we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the determination that Jin’s application for asylum was untimely because Jin’s arrival date is an issue of disputed fact. See 8 U.S.C. § 1158 (a)(3); cf. Ramadan v. Gonzales, 479 F.3d 646, 657 (9th Cir.2007) (per curiam).

Substantial evidence supports the I J’s adverse credibility finding because Jin was unable to explain discrepancies between her testimony and asylum declaration regarding her employment at the time of her arrest, and these discrepancies go to the heart of her claim. See Kohli v. Gonzales, 473 F.3d 1061, 1070-71 (9th Cir.2007); Li, 378 F.3d at 962 . Moreover, because the IJ had reason to question Jin’s credibility, the IJ…

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