Surinder Gill v. Eric Holder, Jr.

Good Law
585 F. App'x 443
United States Court of Appeals for the Ninth CircuitOctober 16, 201410-72243California534 words

Opinion

Opinion

MEMORANDUM

Petitioner Surinder Gill, a native and citizen of India, petitions for review of the Board of Immigration Appeals’s (“BIA”) decision affirming the immigration judge’s denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We lack jurisdiction to consider the agency’s determination that Gill is ineligible for asylum because Gill failed to demonstrate that he filed his asylum application within one year of his arrival in the United States. See 8 U.S.C. 1158(a)(2)(B), (a)(3); 8 U.S.C. 1252(a)(2)(D). We have jurisdiction to review the remaining claims under 8 U.S.C. § 1252 . Reviewing the BIA’s factual findings for substantial evidence, 8 U.S.C. § 1252 (b)(4)(B); INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), we deny the petition.

Gill argues that substantial evidence does not support either of the grounds on which the immigration judge denied him relief: adverse credibility and lending material support to a terrorist organization. Because the immigration judge’s adverse credibility determination alone supports denial of Gill’s withholding of removal and CAT claims, see,…

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