Mukesh Patel v. Loretta E. Lynch

MEMORANDUM

Mukesh Patel, a native and citizen of India, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) denying his application for withholding of removal and protection under the Convention Against Torture (“CAT”), and of the Immigration Judge (IJ’s) determination that he filed a frivolous asylum application.

1. Substantial evidence supports the BIA’s conclusion that Patel’s testimony was not credible. Patel’s 2009 testimony was inconsistent with his 2005 testimony and with documents in the record, including his asylum application and family members’ affidavits. Those documents also conflict with his 2005 testimony.

Several of the numerous unexplained inconsistencies go to the heart of Patel’s claim of persecution. See Rizk v. Holder, 629 F.3d 1083, 1088-89 (9th Cir.2011). In 2005, Patel testified that his second of three arrests occurred when he was leaving an office, alone, and resulted in treatment at a hospital for injuries from beatings by the police, in 2009, he said that he was arrested for being involved in a riot and that he received no medical treatment. In 2005, Patel claimed that his third arrest was for annoying an office clerk,…