Singh

Singh v. Holder

Good Law
404 F. App'x 154
United States Court of Appeals for the Ninth CircuitNovember 19, 201006-73492California551 words

Opinion

Opinion

MEMORANDUM

Petitioner Manjit Singh, a native and citizen of India, seeks review of a Board of Immigration Appeals’ (BIA) order that denied him asylum, withholding of removal, and protection under the Convention Against Torture (CAT) because his application was deemed not credible. In addition, Singh moves this court to remand his petition to the Department of Homeland Security to adjudicate his request for an adjustment of status based on his marriage to a U.S. citizen. Because the remaining facts and procedural history are familiar to the parties, we recite them here only as necessary to explain our decision. We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(1) over Singh’s challenge to the adverse-credibility determination. We deny in part and dismiss in part.

Contrary to Singh’s argument, the fraudulent divorce decree submitted by him is no longer at issue — it is not even mentioned in the BIA’s decision. Rather, the IJ and BIA both found that Singh’s oral testimony was materially inconsistent with the written affidavits he submitted with his application. Because those affidavits detailed unfounded criminal charges purportedly filed against Singh on account on his Sikhism…

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