Singh

Tarlochan Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Soto-Olarte v. Holder, 555 F.3d 1089, 1091 (9th Cir.2009), and we deny in part and grant in part the petition for review.

Substantial evidence supports the agency’s finding that Singh failed to establish it is more likely than not he will be tortured upon return to India. See El Himri v. Ashcroft, 378 F.3d 932, 938 (9th Cir.2004).

In the notice to appear, the government alleged Singh’s entry date, and Singh admitted to this date. Therefore, Singh’s entry date was undisputed and he established his asylum application was not time-barred. See Hakopian v. Mukasey, 551 F.3d 843, 847 (9th Cir.2008) (entry date is undisputed where government alleges entry date and petitioner admits government’s allegation).

The IJ first denied Singh’s claims on the basis of an adverse credibility determination. The findings are not…