Hutapea

MEMORANDUM

Bastían Hutapea and his wife, Umeisa Sinambela, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying their application for asylum, withholding of removal, and protection 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 credibility determination, Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002), and dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s determination that petitioners failed to demonstrate changed circumstances excusing the untimely filing of their asylum application because the underlying facts are disputed. Cf. Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir.2007) (per curiam). Accordingly, we dismiss the petition as to the asylum claim.

Substantial evidence supports the agency’s adverse credibility determination because Hutapea’s testimony about the harm his mother-in-law suffered was materially inconsistent with his prior testimony and declarations. See Kohli v. Gonzales, 473 F.3d 1061, 1071…