Jovin

MEMORANDUM

Lenord Jovin, a native and citizen of Haiti, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from the immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s adverse credibil ity determination. Tekle v. Mukasey, 533 F.3d 1044, 1051 (9th Cir.2008). We dismiss in part and grant in part the petition for review, and we remand.

We lack jurisdiction to consider Jovin’s challenge to the BIA’s denial of voluntary departure. See 8 U.S.C. § 1252 (a)(2)(B)(i); see also Gil v. Holder, 651 F.3d 1000, 1006 (9th Cir.2011) (court lacks jurisdiction to review discretionary denial of voluntary departure where no legal question raised).

Substantial evidence does not support the agency’s finding that Jovin’s asylum application omitted reference to receiving threats before June 18, 2002. See Bandari v. INS, 227 F.3d 1160, 1167 (9th Cir.2000) (reversing where IJ’s determination that testimony and application were inconsistent was not supported by the…