Mali Zhang v. Holder

MEMORANDUM **

Mali Zhang, a native and citizen of China, petitions pro se 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 IJ’s determination that Zhang’s asylum application was untimely because that finding is based on disputed facts. See 8 U.S.C. § 1158 (a)(3); cf. Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir.2007) (per cu-riam) (exercising jurisdiction to consider one-year bar determination where facts were undisputed).

Substantial evidence supports the IJ’s adverse credibility determination, because Zhang was unable to explain a material discrepancy in her testimony regarding when she was arrested and sent to a labor camp. See Don v. Gonzales, 476 F.3d 738, 741-43 (9th Cir.2007); see also Li, 378 F.3d at 962-64 (concluding that so long as one of the…