Singh

Singh v. Holder

Good Law
572 F. App'x 542
United States Court of Appeals for the Ninth CircuitMay 15, 201406-72689, 10-70976, 10-72585California765 words

Opinion

Opinion

MEMORANDUM

Petitioners Rattan Singh and Kamal Kuar Singh, husband and wife, seek review of the Board of Immigration Appeals’ (BIA) decisions: (1) adopting and affirming the Immigration Judge’s (IJ) decision denying petitioners’ application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT); (2) denying petitioners’ motion to reopen; and (3) denying petitioners’ motion to reconsider. Because the parties are familiar with the facts and procedural history of this case, we repeat only those facts necessary to resolve the issues raised on appeal. We deny the petition for review.

Rattan Singh alleges that he was persecuted in Fiji due to his Indian ethnicity and support of the Fiji Labor Party. Ka-mal Kuar Singh did not file an individual petition for asylum and merely seeks asylum as a derivative of her husband’s application. For this reason, her claim must rise or fall with his. See Kumar v. Gonzales, 439 F.3d 520, 521, 525 (9th Cir.2006).

On April 25, 2005, the IJ held a merits hearing, at which husband and wife testified. The IJ made an adverse credibility determination, finding that each petitioner’s testimony was internally…

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