Nanxi Zhao v. Mukasey

MEMORANDUM **

Nanxi Zhao, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of the Immigration Judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the *509 Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, see Li v. Ashcroft, 878 F.3d 959 , 962 (9th Cir.2004), and we dismiss in part and deny in part.

We lack jurisdiction to review the BIA’s determination that Zhao’s asylum application was untimely because the BIA’s determination was based on disputed facts. See Ramadan v. Gonzales, 479 F.3d 646, 650, 656-57 (9th Cir.2007) (per curiam). Accordingly, we dismiss the petition as to Zhao’s asylum claim.

In regard to Zhao’s withholding of removal claim, substantial evidence supports the BIA’s adverse credibility determination because Zhao’s testimony was inconsistent with his supporting documentation regarding whether he received treatment for the injuries he allegedly sustained during his arrest. See Li, 378 F.3d at 962. In addition, Zhao failed to provide corroborating evidence regarding his trip to the…