Amandeep Singh v. Holder

MEMORANDUM

Amandeep Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of the Immigration Judge’s (“IJ”) order denying him asylum, withholding of removal, and Convention Against Torture (“CAT”) relief. In addition, Singh petitions for review of the BIA’s affirmance of the IJ’s finding that his application was frivolous and of the IJ’s resulting denial of voluntary departure. We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition in part, grant the petition in part, and remand.

The IJ denied Singh relief because he found that Singh lacked credibility. We review adverse credibility determinations for substantial evidence. Morgan v. Mukasey, 529 F.3d 1202, 1206 (9th Cir.2008). Under this standard, we must uphold an IJ’s credibility finding unless “any reasonable adjudicator would be compelled to conclude the contrary.” Id. (quoting 8 U.S.C. § 1252 (b)(4)(B)). Here, the fact that Singh appeared to be reading from notes during his testimony and Singh’s failure to explain adequately the existence of an affidavit from his father that was date-stamped years after his alleged disappearance support the IJ’s…