Rutko

MEMORANDUM **

Oleh Grigorievich Rutko, a native of the former Soviet Union and citizen of Ukraine, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum and withholding of removal. Rutko also seeks review of the IJ’s finding that he filed a frivolous application for asylum. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence findings of fact, including adverse credibility determinations. See Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001). We review a determination that an applicant knowingly made a frivolous application for asylum for compliance with a procedural framework outlined by the BIA. See Ahir v. Mukasey, 527 F.3d 912, 917 (9th Cir.2008). We review de novo due process claims. See Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny the petition for review.

Substantial evidence supports the IJ’s adverse credibility determination based upon Rutko’s submission of a fraudulent visa with his asylum application. See Desta v. Ashcroft, 365 F.3d 741, 745 (9th Cir.2004) (fraudulent documents going to the heart of the claim…