Lakhvir Singh v. Eric H. Holder Jr.

Good Law
445 F. App'x 931
United States Court of Appeals for the Ninth CircuitAugust 2, 201108-73005California243 words

Opinion

Opinion

MEMORANDUM

Lakhvir Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence adverse credibility findings. Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003). We deny the petition for review.

Substantial evidence supports the IJ’s adverse credibility determination based on Singh’s shifting testimony regarding why he did not obtain a letter from the village doctor. See Singh-Kaur v. INS, 183 F.3d 1147, 1151-52 (9th Cir.1999) (inconsistencies in petitioner’s testimony supported the adverse credibility determination); Kaur v. Gonzales, 418 F.3d 1061, 1067 (9th Cir.2005) (inconsistencies deprived claim of requisite “ring of truth”). We decline to reach Singh’s unexhausted claim that he is eligible for humanitarian asylum. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004). In the absence of credible testimony, Singh’s asylum and withholding of removal claims fail. See Farah, 348…

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