Dilbag Singh v. Loretta E. Lynch

MEMORANDUM

Dilbag Singh, a citizen of India, petitions for review of an order of the Board of Immigration Appeals (“BIA”) denying his application, and the application of his wife Lakhwinderjit Kaur as a derivative petitioner, for asylum, withholding of removal, and protection under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition for review.

Substantial evidence supports the Immigration Judge’s (“U”) adverse credibility finding. See 8 U.S.C. § 1158 (b)(1)(B)(iii); Tamang v. Holder, 598 F.3d 1083, 1093-94 (9th Cir. 2010). The IJ and BIA identified numerous, substantial inconsistencies between Singh’s testimony and Kaur’s testimony, Singh’s testimony and his declaration, and Singh’s testimony and other documentary evidence in the record. In the absence of credible testimony, Singh and Kaur cannot meet their burden of establishing past persecution or a well-founded fear of future persecution required for their asylum and withholding of removal claims. Shrestha v. Holder, 590 F.3d 1034, 1048 (9th Cir. 2010). Therefore, substantial evidence supports the BIA’s determination that Singh and Kaur are not eligible for asylum or…