Yan Zhou v. Keisler

MEMORANDUM ***

Yan Zhou (Zhou), a native and citizen of China, petitions for review of the decision of the Board of Immigration Appeals (BIA) affirming the denial by an immigration judge (IJ) of his requests for asylum and withholding of removal.

The BIA, citing Matter of Burbano, 20 I. & N. Dec. 872 (BIA 1994), conducted an independent review, and adopted the IJ’s decision in its entirety. See Abebe v. Gonzales, 432 F.3d 1037, 1040 (9th Cir.2005) (en banc). We review the IJ’s decision for substantial evidence. Lin v. Gonzales, 434 F.3d 1158, 1160 (9th Cir.2006). We grant the petition in part, dismiss in part, and remand.

*137 A. Asylum

We lack jurisdiction to review the IJ’s determination that Zhou is statutorily ineligible for asylum because of the one-year time bar, and that Zhou failed to establish changed or extraordinary circumstances that would excuse the late filing of the asylum application. See 8 U.S.C. § 1158 (a)(2)(B); Ramadan v. Gonzales, 479 F.3d 646, 657-58 (9th Cir.2007); see also 8 C.F.R. 1208.4(a)(5).

B. Withholding of Removal

We have jurisdiction under 8 U.S.C. § 1252 to review Zhou’s withholding of removal claim because the one-year deadline applies…