Yan Jiang v. Holder

MEMORANDUM **

Yan Jiang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Telele v. Mtileasey, 533 F.3d 1044, 1051 (9th Cir.2008), and review de novo claims of due process violations, Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s determination that Jiang’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 curiam) (exercising jurisdiction to consider one-year bar where facts were undisputed). Accordingly, we dismiss Jiang’s asylum claim.

Substantial evidence supports the agency’s adverse credibility determination because Jiang testified inconsistently about when she began proselytizing, see Chebchoub v. INS, 257 F.3d 1038,…