Jaspal Singh v. Eric H. Holder Jr.

MEMORANDUM

Jaspal Singh, a native and citizen of India, petitions for review of the decision of the Board of Immigration Appeals (“BIA”), affirming the immigration judge’s (“IJ”) denial of Singh’s applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). The IJ found that Singh was not credible and that he otherwise failed to meet his burden of proof for asylum, for withholding of removal, and for protection under CAT. The BIA affirmed, finding no error in the IJ’s findings. Because the factual and procedural background is familiar to the parties, we do not recount it here. To the extent we have jurisdiction, it is under 8 U.S.C. § 1252 (a)(1). We dismiss in part and deny in part the petition for review.

Our disposition turns on the adverse credibility determination made by the IJ and affirmed by the BIA. Where, as here, the BIA upholds the IJ’s adverse credibility determination based on the IJ’s reasons and findings of fact, we review the IJ’s determination. Lei Li v. Holder, 629 F.3d 1154, 1157 (9th Cir.2011).

Singh filed his application for asylum in 2002, well before the May 11, 2005, effective date of the REAL ID Act.…