Singh

MEMORANDUM ***

Jagtar Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We review for substantial evidence, Singh v. Ilchert, 63 F.3d 1501, 1506 (9th Cir.1995), and we dismiss in part, grant and remand in part, and deny in part.

We lack jurisdiction to review the IJ’s and BIA’s determination that Singh’s asylum application was untimely, or whether changed circumstances excused the untimely filing, because it is based on disputed facts. See Ramadan v. Gonzales, 479 F.3d 646, 650, 656-57 (9th Cir.2007). Accordingly, we dismiss the petition as to Singh’s asylum claim.

We have jurisdiction over the remaining claims under 8 U.S.C. § 1252 . Because the “BIA’s decision is silent on the issue of credibility, despite [the] IJ’s explicit adverse credibility finding, we ... presume that the BIA found [Singh] to be credible.” *603 Krotova v. Gonzales, 416 F.3d 1080, 1084 (9th Cir.2005).

Substantial evidence does not support the IJ’s and BIA’s finding that Singh failed…