Kumar

MEMORANDUM **

Satish Kumar, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (BIA) order affirming the Immigration Judge’s (IJ) denial of asylum, withholding of removal, and relief under the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252 (a). We deny the petition for review.

Kumar submitted no evidence demonstrating that his application was timely filed, or that changed or extraordinary circumstances existed to excuse his late filing. He therefore failed to meet his burden of demonstrating by clear and convincing evidence that his asylum application was filed within one year of his arrival in the United States or that his late filing should be excused. See 8 U.S.C. § 1158 (a)(2)(B), (D).

Substantial evidence supports the BIA’s adverse credibility determination because Kumar’s sworn statement during the credible fear interview is materially inconsistent with his testimony before the IJ regarding the length of his detention and dates of his arrest. See Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002) (reviewing credibility determination for substantial evidence); cf. Singh v. Gonzales, 403 F.3d 1081, 1089-90 (9th…