Singh

MEMORANDUM ***

Amritpal Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order of removal, which affirms the Immigration Judge’s (“IJ”) denial of Singh’s applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We deny the petition for review.

I

The government argues that we lack jurisdiction to consider Singh’s asylum application under 8 U.S.C. § 1158 (a)(3) because the IJ found the petition untimely. However, our decision in Hakopian v. Mukasey, 551 F.3d 843 (9th Cir.2008), compels a different result. In Hakopian , the government filed a Notice to Appear alleging *204 an entry date that established the timeliness of an applicant’s petition; the applicant admitted the entry date; and the government failed to amend the Notice to Appear or otherwise contest the entry date before the IJ. Id. at 845-46 . We held that, under those circumstances, the entry date constitutes an undisputed fact and the court of appeals has jurisdiction to review the denial of asylum on timeliness grounds. Id. at 847 . This case presents identical facts. Thus, we have jurisdiction to review Singh’s…