Gurbakhsh Singh v. Eric Holder, Jr.

MEMORANDUM

Gurbakhsh Singh, a native and citizen of India, petitions for review of the order of the Board of Immigration Appeals (“BIA”) that affirmed the Immigration Judge’s (“IJ”) denial of 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 “look to the IJ’s oral decision as a guide to what lay behind the BIA’s conclusion.” Tekle v. Mukasey, 533 F.3d 1044, 1051 (9th Cir.2008) (quotations omitted). We review for substantial evidence, see id., and we deny the petition for review.

Substantial evidence supports the adverse credibility finding based upon Singh’s inconsistent testimony regarding the identity of his family members sought by police and the nature of the mistreatment Singh suffered while in police custody. See Goel v. Gonzales, 490 F.3d 735, 739 (9th Cir.2007); Kaur v. Gonzales, 418 F.3d 1061, 1067 (9th Cir.2005). This finding goes to the heart of Singh’s asylum claim. See Don v. Gonzales, 476 F.3d 738, 741-42 (9th Cir.2007).

The IJ did not err in deciding that Singh’s father’s death certificate, which did not state a cause of death, failed adequately to…