Llordi

MEMORANDUM

Petitioner, Nikolin Llordi, seeks review of a decision of the Board of Immigration Appeals (“BIA”) affirming an immigration judge’s (“IJ”) decision to deny his application for asylum, withholding of removal under both § 241(b)(3) of the Immigration and Nationality Act, 8 U.S.C. § 1231 (b)(3), and the Convention Against Torture (“CAT”), 8 C.F.R. §§ 1208.16-1208.18 (2007), and voluntary departure.

1. We dismiss for lack of jurisdiction Petitioner’s challenge to the BIA’s determination that his application was untimely because that issue involves disputed facts. 8 U.S.C. §§ 1158 (a)(3), 1252(a)(2)(D); Hakopian v. Mukasey, 551 F.3d 843, 847 (9th Cir.2008).

2. We deny the petition as to withholding of removal and protection under CAT because the adverse credibility findings are supported by substantial evidence. Petitioner filed his application for asylum before May 11, 2005, so we apply the pre-REAL ID Act rules. Rizk v. Holder, 629 F.3d 1083 , 1087 n. 2 (9th Cir.2011).

“We must uphold the I J’s adverse credibility determination so long as one of the identified grounds is supported by substantial evidence and goes to the heart of the alien’s claim of persecution.” Id.…