Kumar

MEMORANDUM

Subhash Kumar (“Petitioner”), a citizen and native of India, seeks review of a decision of the Board of Immigration Appeals (BIA) affirming an immigration judge’s (IJ) decision to deny his applications for asylum and withholding of removal under § 241(b)(3) of the Immigration and Nationality Act, 8 U.S.C. § 1231 (b)(8), and for protection under the Convention Against Torture (CAT).

1. We dismiss for lack of jurisdiction Petitioner’s challenge to the BIA’s determination that his application for asylum was untimely because that issue involves disputed facts. 8 U.S.C. §§ 1158 (a)(3), 1252(a)(2)(D); Hakeem v. I.N.S., 273 F.3d 812, 815 (9th Cir.2001); 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 applications 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 IJ’s adverse credibility determination so long as one of the identified grounds is supported by substantial evidence and goes to the heart of…