Singh

MEMORANDUM

Sarbjit Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying Singh’s applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review an adverse credibility determination for substantial evidence. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). We deny the petition for review.

Substantial evidence supports the BIA’s adverse credibility determination because Singh’s asylum application, which included a declaration, is materially inconsistent with his testimony regarding alleged incidents of past persecution. Singh failed to provide a reasonable explanation for these inconsistencies, and the inconsistencies go to the heart of his claim. See Li v. Ashcroft, 378 F.3d 959, 964 (9th Cir.2004). In the absence of credible testimony, Singh failed to demonstrate eligibility for asylum or withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Because Singh’s CAT claim is based on the same evidence that the IJ and BIA found not…