Gabri

MEMORANDUM

Harvinder Singh Gabri, a native of India, appeals the decision of the Board of Immigration Appeals (“BIA”) affirming the denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 and we deny the petition.

Gabri’s petition for asylum, withholding of removal, and CAT relief rested on three grounds: the death of his father during the 1984 Hindu riots; Gabri’s two arrests, one in 2000 and one in 2001, during which police beat him; and the murder of an acquaintance in February 2002. Gabri testified that he fled India in 2002 after attempting to provide information to the police about the murder.

The immigration judge (“IJ”) denied Ga-bri’s application on June 9, 2004, finding his testimony not credible. Gabri had testified that, in 2002, he was at a party at which a friend, Natish Katara, was present. He later read in the news that Ka-tara had been murdered. Newspaper reports in March 2002 stated that Vikas and Vishal Yadav, the son and nephew of D.P. Yadav, had confessed to the murder. Ga-bri testified on cross-examination that he did not know Katara very well and did…