Amrik Singh v. Eric Holder, Jr.

MEMORANDUM

Amrik Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ 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”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual determinations, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we deny the petition for review.

Even if Singh’s asylum application was timely, substantial evidence supports the agency’s adverse credibility determination based on the inconsistency regarding the length of Singh’s first detention, which went to the heart of his claim of persecution by Indian police. See Wang v. INS, 352 F.3d 1250, 1259 (9th Cir.2003) (“So long as one of the identified grounds is supported by substantial evidence and goes to the heart of [petitioner’s] claim of persecution, we are bound to accept the IJ’s adverse credibility finding.”). We reject Singh’s contention that he was not given an opportunity to explain. See Rivera v. Mukasey, 508 F.3d 1271, 1275 (9th Cir.2007). In the absence of…