Avtar Singh v. Eric Holder, Jr.

Good Law
578 F. App'x 694
United States Court of Appeals for the Ninth CircuitJune 12, 201410-71645California208 words

Opinion

Opinion

MEMORANDUM

Avtar Singh petitions for review of the Board of Immigration Appeals’ (BIA) decision affirming the Immigration Judge’s (IJ) denial of asylum, withholding of removal, and protection under the Convention Against Torture. He appeals only the denial of his asylum claim.

The IJ’s adverse credibility determination is supported by substantial evidence. Singh testified inconsistently about whether he was engaged in any political activity after his arrest in 1991, as well as the nature and scope of any such political activity. He was also unable to adequately explain the apparent inconsistency in his whereabouts during the nine-month period following his arrest. As the BIA correctly concluded, these inconsistencies about his whereabouts and whether he engaged in further political activities after his arrest go to the heart of his claim. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001). On the basis of this record, a reasonable factfinder would not be compelled to conclude that Singh testified consistently and credibly regarding events central to his asylum claim. See INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992).

PETITION FOR…

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