Singh

Singh v. Holder

Good Law
368 F. App'x 733
United States Court of Appeals for the Ninth CircuitFebruary 25, 201006-74014California314 words

Opinion

Opinion

MEMORANDUM

Harjinder 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, witholding of removal, protection under the Convention Against Torture (“CAT”), and voluntary departure. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence an adverse credibility determination. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the IJ’s denial of voluntary departure, 8 U.S.C. §§ 1229c(f), 1252(a)(2)(B)(I), and Singh’s unexhausted challenge to the government’s fraudulent document report. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

Substantial evidence supports the IJ’s adverse credibility determination based on Singh’s submission of fraudulent documents that go to the heart of his claim, including letters allegedly written by the doctor who treated his injuries, and by the priest of the gurdwara Singh claims to have attended daily. See Desta v. Ashcroft, 365 F.3d 741, 745 (9th Cir.2004); Cf.…

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