NOT RECOMMENDED F OR F ULL-TEXT PUBLICATION File Na me: 13a0506n.06 No. 12-4254 UNITED STAT ES COURT OF AP P EALS F OR THE S IXTH CIRCUIT Z HI QI ANG L I , Petitioner,

v. ERI C H. HOL DER, J R., Attorney Gene ral, Respondent. ) ) ) ) ) ) ) ) ) ) ON PETI TI ON F OR REVI EW FROM THE U

NI TED STATES BO ARD OF I MMI GRATI ON APPEAL S

BEF ORE: McKEAGU E and DO NAL D, Circuit J udg es; L AWSON, District J udg e. *

PER CURI AM. Z hi Qiang L i pe titions for revie w of an order of the Boa rd of I mmigra tion Ap p ea l s (B I A) that aff

irmed an immigra tion judge ’s (I J ) denial of his asy lum applicatio n as untimely

. L i is a native and citizen of China. He claims to have enter ed the United States on April 28, 2008. On April 15, 2009, L i filed an application for asy lum, withholding of rem o v al, and relief under the Convention Ag ainst Torture (CAT), alleg ing that he would be perse cuted and tortured if

remove d to China beca

use he is a Christian. The I J concluded that the asy lum application was untimely beca

use L i failed to demonstrate that he filed i t within one y ear of enter ing the United States. The I J g rante d L i’s reque st for withholding of remova l and, based on that decision, declined

The Honorable David M. L awson, United States District J udg e for the Eastern District of * Michig an, sitting by

desig nation.No. 12-4254

Li v. Holder
to addre ss L i’s claim for relief under the CAT. The BI A dismiss ed L i’s appea l, concluding that the
I J proper ly

deter mined that the asy lum application was untimely

. On appea l, L i raises the following claims conce rning the denial of his asy lum application as untimely : (1) the I J and BI A err ed by deny ing the application beca use the evidenc e established that it was filed within one y ear of his entry

into the United States; (2) the I J failed to make an expli cit adver se cre dibilit y deter

mination conce rning his testimo n y that he enter ed the United States on April 28, 2008, and, to the extent the I J made such a deter mination, it was err oneous; (3) the I J failed
to provide him with a sufficie nt opportunity to explain the discrepa ncies conce rning when he enter ed the United States; and (4) the I J and BI A err ed by rely ing on h i s failure to provide documentar y evidenc e showing when he beg an living a nd working in the United States. Where the BI A affirms an I J ’s ruli ng and adds its own comments, we review bo t h the I J ’s decision and the BI A’s additional comments. Lateef v. Holder , 683 F.3d 275, 279 (6th Cir. 2012). We reviewde novo questions of lawinvolving immigr ation proce eding s. Ibid

. We cann o t r e v ie w L i’ s c la ims that the evidenc e established his asy lum application was timely and that he testified cre dibly beca use those issues are predominantly fac tual. See F a n g Hu a n g v. Mukase y , 523 F.3d 640, 651 (6th Cir. 2008). To the extent that L i raises colora ble leg al claims, his challenges fail. Despite L i’s arg ument to the contra ry , the I J expli citly found that L i’s testimony

conce rning his date of entry into the United States was not cre dible, g iven his asser tions in his
asy lum application and asy lum interview that he ente re d t h e United States in Fe bruar y 2008 and beg an li ving and working in Tenne ssee the f ollowing month. Fur

ther, the I J did not deprive L i of

a sufficie nt opportunity to explain the inconsistencies conce rning his date of entry into the country , -2-No. 12-4254

Li v. Holder
g iven that L i addre ssed the issue during his testimony and ex plained that the inconsistencies wer e the re s u lt of nervousne ss. Finally , the I J and BI A did not commit leg al err or by considering L i’s failure to provide documentar y evidenc e demonstrating when he beg an living and working in Tenne ssee beca

use that evidenc e should have been rea sonably available and was rele vant to whether
L i established by clea

r and convincing evidenc e that his asy lum application was timely

. See 8 U.S.C. § 1158(a) (2)( B)

. Acc ording ly , we de ny

L i’s petition for re view.

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