Singh

Singh v. Holder

Good Law
450 F. App'x 664
United States Court of Appeals for the Ninth CircuitSeptember 27, 201107-73963California728 words

Opinion

Opinion

MEMORANDUM

Sant Balbir Singh (“Singh”) petitions for review of a decision of the Board of Immigration Appeals (“BIA”) adopting and affirming the decision of the immigration judge (“U”) denying Singh’s applications for asylum, withholding of removal, relief under the Convention Against Torture, and voluntary departure. We dismiss the petition in part and deny the petition in part.

Singh argues that the BIA and the IJ: (1) erred in determining that his application for asylum was untimely; (2) violated his right to due process by failing to consider his claim that changed circumstances excused his untimely application; and (3) erred in finding that his testimony was not credible. The BIA’s decision is reviewed for “substantial evidence.” Kamalyan v. Holder, 620 F.3d 1054, 1057 (9th Cir.2010). Where, as here, the BIA adopts the IJ’s decision and also adds its own reasons, we review both decisions. Nuru v. Gonzales, 404 F.3d 1207, 1215 (9th Cir.2005).

1. We lack jurisdiction to review the denial of asylum as untimely. An applicant cannot receive asylum “unless the alien demonstrates by clear and convincing evidence” that the applicant filed for asylum within one year of the date of…

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