Tajinder Singh v. Holder

MEMORANDUM

Hakumat Singh Rai, 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 protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Don v. Gonzales, 476 F.3d 738, 741 (9th Cir.2007), and we deny the petition.

The record does not compel reversal of the IJ’s adverse credibility determination based on Rai’s lack of knowledge regarding the political party which he supported, see Singh v. Ashcroft, 367 F.3d 1139, 1143 (9th Cir.2004), as well as inconsistencies in Rai’s testimony as to the date that he began supporting his political par ty, see Don, 476 F.3d at 741-42 . In the absence of credible testimony, Rai’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Because Rai’s CAT claim is based on the same evidence that the agency found not credible, and he points to no other evidence showing it is more likely than not he would be tortured if he returns to India, Rai’s CAT…