Singh

MEMORANDUM **

Hari Singh, a native and citizen of India, 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, withholding of removal and protection under the Convention Against Torture (“CAT”). To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . The BIA adopted and affirmed the rulings of the IJ that Singh’s asylum application was time-barred, and that his testimony was incredible and therefore insufficient to support withholding of removal. These rulings by the BIA were accompanied by citation to Matter of Burbano, 20 I. & N. Dec. 872, 874 (BIA 1994), indicating that the BIA’s “conclusions are the same as those articulated by the IJ.” Moreno-Morante v. Gonzales, 490 F.3 d 1172, 1174 (9th Cir.2007). Thus, we review the IJ’s decision as if it were that of the BIA. We dismiss in part and deny in part the petition for review.

Pursuant to 8 U.S.C. § 1158 (a)(3), we lack 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. Although the…