Lopez-Saenz

MEMORANDUM **

Juvencio Daniel Lopez-Saenz, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, relief under the Convention Against Torture (“CAT”), and voluntary departure. Our jurisdiction is governed by 8 U.S.C. § 1252 (a). We review for substantial evidence the agency’s adverse credibility determination. Kaur v. Gonzales, 418 F.3d 1061, 1064 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

We lack jurisdiction to review the agency’s determination that Lopez-Saenz’s asylum application was untimely because the underlying facts are disputed. See Sillah v. Mukasey, 519 F.3d 1042, 1043-44 (9th Cir.2008).

Substantial evidence supports the agency’s adverse credibility determination because the discrepancies between Lopezr-Saenz’s first and second asylum applications go to the heart of his claim of persecution, see Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004), and because of the other implausibilities and inconsistencies in the record, see Wang v. INS, 352 F.3d 1250, 1258-59 (9th…