Malkit Singh v. Eric Holder, Jr.

MEMORANDUM

, Malkit Singh, a native and citizen of India, petitions for review of a Board of Immigration Appeals (“BIA”) decision affirming an Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and protection under the Convention Against 'Torture (“CAT”). Singh additionally asserts the incompetency of his interpreter denied him a full and fair hearing in violation of his right to due process. We have jurisdiction under 8 U.S.C. § 1252 to review this pre-REAL ID Act petition.

1.The specific and unreconciled inconsistencies as to Singh’s doctor, his whereabouts during the August 2002 police search, and the errors in the hospital report constitute substantial evidence related to events that form the basis of Singh’s petition. Consequently, we are required to uphold the agency’s adverse credibility finding. See Li v. Ashcroft, 378 F.3d 959, 964 (9th Cir.2004) (“So long as one of the identified grounds is supported by substantial evidence and goes to the heart of [the petitioner’s] claim of persecution, we are bound to accept the IJ’s adverse credibility finding.” (internal quotation omitted)). In the absence of credible testimony, Singh’s asylum…