Guanghao Zhao v. Mukasey

MEMORANDUM **

Guanghao Zhao, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his 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 Zhao’s application for asylum was untimely because Zhao’s arrival date could not be considered to be an undisputed fact. See Ramadan v. Gonzales, 479 F.3d 646, 657 (9th Cir.2007) (per curiam).

Substantial evidence supports the adverse credibility determination based upon Zhao’s demeanor while testifying because the IJ identified Zhao’s hesitation and evasiveness with sufficient particularity to support the demeanor finding. See Arulampalam v. Ashcroft, 353 F.3d 679, 686 (9th Cir.2003). Additionally, Zhao testified inconsistently about when he made the decision to seek asylum and whether government officials…