QI LI v. SESSIONS III (2018)

MEMORANDUM **

Qi Li, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s application of the extraordinary circumstances exception to undisputed facts. Singh v. Holder, 656 F.3d 1047, 1051 (9th Cir. 2011). We review de novo claims of due process violations in immigration proceedings. Jiang v. Holder, 754 F.3d 733, 738 (9th Cir. 2014). We deny the petition for review.

The record does not compel the conclusion that Li established extraordinary circumstances to excuse his untimely-filed asylum application. See 8 C.F.R. §§ 1208.4(a)(5). Thus, we deny the petition for review.

We reject, as unsupported by the record, Li’s claim that the IJ was biased. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error to prevail on a due process claim).

In light of our disposition, we do not reach Li’s other contentions regarding the sufficiency of his corroborative evidence.

PETITION FOR REVIEW DENIED.