Shaowei He v. Loretta E. Lynch

MEMORANDUM

Bakhsish Singh, , a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) 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 standards governing adverse credibility determinations created by the REAL ID Act. Jiang v. Holder, 754 F.3d 733, 738 (9th Cir. 2014). We deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on the discrepancies between Singh’s credible fear interview, his supplemental declaration, and his supporting affidavits as to whether he was detained or threatened with detention by police, and Singh’s non-responsiveness when asked to explain the discrepancies. See Shrestha v. Holder, 590 F.3d 1034, 1048 (9th Cir. 2010) (adverse credibility determination reasonable under the “totality of circumstances”). We reject Singh’s contention that the agency erred by relying in part on his credible fear interview.…