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404 F. App'x 175

Siad v. Holder

U.S. Courts of Appeals

Decided November 22, 2010

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U.S. Courts of Appeals · decided 2010-11-22

Applies 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Farah v. Ashcroft · Ramadan v. Gonzales · Kin v. Holder

Decided 2010-11-22

¶1 MEMORANDUM

¶2 Aneap Siad, native and citizen of Somalia, petitions for review of a Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her application for asylum and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence factual findings. Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003). We dismiss in part and deny in part the petition for review.

¶3 We lack jurisdiction to review the agency’s determination that Siad failed to timely file her asylum application because the underlying facts are disputed. Cf Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir.2007) (per curiam).

¶4 We deny Siad’s claim for withholding of removal because substantial evi *177 dence supports the agency’s adverse credibility determination based on the omission from Siad’s asylum application that she was grazed by bullets as she fled the orphanage in Somalia, which formed the basis for her claim. See Kin v. Holder, 595 F.3d 1050, 1057 (9th Cir.2010).

¶5 Siad’s request for oral argument is denied.

¶6 PETITION FOR REVIEW DISMISSED in part. DENIED in part.

¶7 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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