Bhupinder Singh v. Eric Holder, Jr.

MEMORANDUM

Bhupinder 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 decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, applying the new standards governing adverse credibility determinations created by the Real ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir.2010).

Substantial evidence supports the adverse credibility determination based on the discrepancy in Singh’s testimony regarding whether he had any party membership documents. See id. at 1040 (the IJ may rely on “any relevant factor” to determine an applicant’s credibility). The agency reasonably rejected Singh’s explanation regarding the documents as insufficient. See Rivera v. Mukasey, 508 F.3d 1271, 1275 (9th Cir.2008). Substantial evidence also supports the agency’s adverse credibility determination based on the inconsistency between Singh’s testimony and his statement to the asylum officer regarding when he joined Akali Dal…