Panggabean

Panggabean v. Holder

Good Law
361 F. App'x 765
United States Court of Appeals for the Ninth CircuitJanuary 7, 201007-70933California242 words

Opinion

Opinion

MEMORANDUM

Jaswinder Singh Dhillon, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order affirming an immigration judge’s 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 . Reviewing for substantial evidence, Don v. Gonzales, 476 F.3d 738, 741 (9th Cir.2007), we deny the petition for review.

Substantial evidence supports the agency’s adverse credibility finding based upon the discrepancy between Dhillon’s testimony and asylum interview regarding the name of the candidate he campaigned for during the 1997 elections, and upon the omissions from Dhillon’s asylum application statement and from his father’s affidavit of the police’s continued visits to his home in India after his departure from Bombay to the United States. See Li v. Ashcroft, 378 F.3d 959, 962-63 (9th Cir.2004). In the absence of credible testimony, Dhillon failed to establish he is eligible for asylum or withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Because Dhillon’s CAT claim is based on the testimony the agency…

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