Akwinder Kaur v. Loretta E. Lynch

MEMORANDUM

Paramjit 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 (“D”) decision denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 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, Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir. 2010), and we review de novo due process claims, Zetino v. Holder, 622 F.3d 1007, 1011 (9th Cir. 2010). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on inconsistencies as to the length of Singh’s first detention and the amount his father paid a smuggler to bring him to the United States, as well as on the omission from Singh’s father’s affidavit of Singh’s first detention, beating, and subsequent hospitalization. See id. at 1048 (adverse credibility determination was reasonable under the “totality of…