Liping Zheng v. Mukasey

MEMORANDUM *

Petitioner Liping Zheng, a Chinese national, was charged with removability for *592 being an alien present in the United States without admission or parole. She conceded removability, but applied for asylum, withholding of removal, and relief under the United Nations Convention Against Torture (“CAT”) on the theory that she would be persecuted and tortured because of her religion if she were removed to China. The Immigration Judge (“IJ”) denied the asylum application as untimely and denied the other applications on the merits. The Board of Immigration Appeals (“BIA”) affirmed. Because the BIA adopted the reasoning of the IJ, we review the IJ’s decision for substantial evidence, Hakeem v. INS, 273 F.3d 812, 816 (9th Cir.2001), and must deny the petition if the IJ provided “specific, cogent reasons” for her decision, Singh v. Ashcroft, 367 F.3d 1139, 1143 (9th Cir.2004). Addressing only the application for withholding of removal, 1 we grant the petition for review and remand.

I.

Zheng argues that the BIA violated her right to due process by summarily adopting the IJ’s finding that the asylum application was untimely. The argument is unpersuasive. Affirmance by…