Singh

MEMORANDUM **

In these consolidated petitions, Ajit Singh, a native and citizen of India, seeks review of the Board of Immigration Appeals’ (“BIA”) order upholding the Immigration Judge’s order denying withholding of removal and protection under the Convention Against Torture (“CAT”) and its order denying his motion to reopen. To the extent we have jurisdiction it is pursuant to 8 U.S.C. § 1252 . We review Singh’s denial of withholding of removal and CAT for substantial evidence, Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000). We review for abuse of discretion the denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We dismiss in part and deny in part the petition for review in No. 05-77425. We deny the petition for review in No. 06-71052.

We lack jurisdiction to review the BIA’s determination that Singh failed to file his asylum application within one year of her arrival to the United States Ramadan v. Gonzales, 479 F.3d 646, 648 (9th Cir.2007).

Substantial evidence supports the BIA’s adverse credibility determination because Singh admitted that his statements at the asylum interview were materially inconsistent with statements he made in his…