Singh

MEMORANDUM

Gurdev Singh, a native and citizen of India, petitions for review of a Board of Immigration Appeals (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”).

We have jurisdiction to review this petition under 8 U.S.C. § 1252 . We review the agency’s factual findings for substantial evidence and its legal determinations de novo. See Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). As the BIA adopted the IJ’s findings and reasoning, we treat the IJ’s decision as if it were that of the BIA. See Al-Harbi v. INS, 242 F.3d 882, 887 (9th Cir.2001).

We accord deference to the IJ’s credibility determination because she was in the best position to observe the witness’s tone and demeanor. See Sarvia-Quintanilla v. INS, 767 F.2d 1387, 1395 (9th Cir.1985). An IJ may rely on “any relevant factor” and base a decision on the “totality of the circumstances.” Ren v. Holder, 648 F.3d 1079, 1084-85 (9th Cir.2011). The factors utilized in making this determination need not go “to the heart of an applicant’s claim.” Id. at 1084 . An IJ, however, must…