Singh

Singh v. Holder

Good Law
387 F. App'x 786
United States Court of Appeals for the Ninth CircuitJuly 15, 201007-74619California265 words

Opinion

Opinion

MEMORANDUM

Dalip Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) 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 . We review for substantial evidence, Sidhu v. INS, 220 F.3d 1085, 1088 (9th Cir.2000), and deny the petition for review.

Substantial evidence supports the IJ’s adverse credibility determination based on both the inconsistency between Singh’s testimony and the medical documents regarding the reasons for his hospitalizations, and the omission from Singh’s wife’s first affidavit of his December 1997 arrest and detention. See Goel v. Gonzales, 490 F.3d 735, 739 (9th Cir.2007) (inconsistencies between testimony and documentary evidence support an adverse credibility finding where inconsistencies go to the heart of the claim). Singh’s explanation for the omission from his wife’s affidavit does not compel a contrary conclusion. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000). Accordingly, in the absence of credible testimony, Singh’s asylum and…

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