Lijuan Yang v. Mukasey

MEMORANDUM **

Lijuan Yang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ decision that adopted and affirmed the Immigration Judge’s (“IJ”) denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, see Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004), and we dismiss in part and deny in part.

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

Yang’s contention that the one-year bar is unconstitutional as applied to her because she arrived in the United States prior to its implementation and she was never advised of the change in the law, fails. See Antonio-Martinez v. INS, 317 F.3d 1089, 1093 (9th Cir.2003) (applying the general rule that “ignorance of the law is no excuse” to the immigration context).

In regard to withholding of removal, substantial evidence supports the IJ’s adverse…