Suresh Vyas v. Loretta E. Lynch

MEMORANDUM

Petitioner Suresh Vyas seeks review of a final order of the Board of Immigration Appeals (“BIA”) affirming the decision of an Immigration Judge (“IJ”) denying his claims for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”), and determining that he had knowingly filed a frivolous asylum application within the meaning of 8 U.S.C. § 1158 (d)(6). Where, as here, the BIA cites Matter of Burbano, 20 I. & N. Dec. 872 (BIA 1994), and also provides its own review of the evidence and the law, we review both the IJ’s and the BIA’s decision. See Ali v. Holder, 637 F.3d 1025, 1028-29 (9th Cir. 2011). We deny the petition.

1. The IJ’s determination that Vyas was not credible, which the BIA adopted and affirmed, is supported by substantial evidence. See Rizk v. Holder, 629 F.3d 1083, 1087 (9th Cir. 2011). The IJ pointed to numerous inconsistencies in Vyas’s testimony and written submissions. In particular, the IJ relied on Vyas’s failure to disclose his 1994 and 1997 trips to the United States, as well as evidence contradicting Vyas’s assertion that he had never returned to India since entering the United States in 1998. The government and…