Singh

MEMORANDUM

Rajbir Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dis missing his appeal from an immigration judge’s (“IJ”) decision denying his application for political asylum and withholding of removal, and his petition for relief under Article III of the Convention Against Torture (“CAT”). Singh also appeals the BIA’s affirmance of the IJ’s finding that he filed a frivolous asylum application.

The IJ denied Singh’s present asylum application on the basis of adverse credibility. We must accept an adverse credibility determination as long as it is “supported by substantial evidence and goes to the heart of [Singh’s] claims.” Kin v. Holder, 595 F.3d 1050, 1055 (9th Cir.2010). Such a finding is overturned only when any reasonable fact-finder would be compelled to do so. Singh v. Holder, 643 F.3d 1178, 1180-81 (9th Cir.2011).

Singh applied unsuccessfully for asylum in 1992 and was removed to India. He applied for asylum again when he returned to the United States in 1997. The IJ found serious discrepancies between Singh’s first and second applications and also in his testimony about an alleged arrest in India.…