Shun Zi Xu v. Mukasey

MEMORANDUM **

Shun Zi Xu, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her 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 agency’s determination that Xu failed to timely file her asylum application because the underlying facts are disputed. Cf. Ramadan v. Gonzales, 479 F.3d 646, 657 (9th Cir.2007) (per curiam).

Substantial evidence supports the agency’s adverse credibility finding because Xu testified that the police detained her for fifteen days, during which they beat, slapped, and kicked her, but Xu omitted this information from her asylum application and did not explain this significant omission. See Li, 378 F.3d at 963 (stating that the IJ can reasonably consider the alien’s failure to include a significant allegation of mistreatment in the asylum…