Hundal

MEMORANDUM ***

Pursuant to 8 U.S.C. § 1158 (a)(3) this court lacks jurisdiction to review the BIA’s determination that Petitioner’s asylum application was not filed within one-year of the date of his arrival in the United States. Though the REAL ID Act, 8 U.S.C. § 1252 (a)(2)(D), has overridden 8 U.S.C. § 1158 (a)(3)’s jurisdictional prohibitions for questions of law and constitutional claims, Petitioner has failed to raise any questions of law or constitutional claims on appeal. See Husyev v. Mukasey, 528 F.3d 1172, 1178 (9th Cir.2008); Ramadan v. Gonzales, 479 F.3d 646, 648 (9th Cir.2007). Furthermore, the BIA properly affirmed the IJ’s denial of Petitioner’s remaining claims for withholding of removal and protection under the Convention Against Torture (CAT) based on the IJ’s adverse credibility finding.

The BIA affirmed the IJ’s dismissal of Petitioner’s claims and affirmed the IJ’s adverse credibility determination citing Matter of Burbano, 20 I. & N. Dec. 872, 874 (BIA 1994). A review of the IJ’s decision demonstrates that the IJ’s adverse credibility finding is supported by substantial evidence and that the inconsistencies in Petitioner’s testimony go to the heart of his…