Aneap Siad v. ERIC H. HOLDER, Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ANEAP SIAD,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 06-74850
Agency No. A096-344-469
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 16, 2010**
Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges.
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
FILED
NOV 22 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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06-74850 2
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.
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).
We deny Siad’s claim for withholding of removal because substantial
evidence 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).
Siad’s request for oral argument is denied.
PETITION FOR REVIEW DISMISSED in part. DENIED in part.

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