Kulyakina

Kulyakina v. Holder

Good Law
360 F. App'x 755
United States Court of Appeals for the Ninth CircuitDecember 28, 200907-71721California253 words

Opinion

Opinion

MEMORANDUM

Mohan Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying 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 review for substantial evidence the agency’s adverse credibility determination, Tekle v. Mukasey, 533 F.3d 1044, 1051 (9th Cir.2008), and we deny the petition for review.

Substantial evidence supports the IJ’s finding that it was implausible that Singh would visit the United States on several occasions following his arrest and brutal beating in 1998 and not seek asylum, despite knowing that such relief was available to him. See Loho v. Mukasey, 531 F.3d 1016, 1017-19 (9th Cir.2008) (petitioner’s voluntary return to her home country inherently undermined her testimony that she experienced past suffering, and therefore supported an adverse credibility finding). In the absence of credible testimony, Singh has failed to establish he is eligible for asylum or withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th…

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