Xiaojuan Liu v. Eric Holder, Jr.

MEMORANDUM

Kanwaljit Singh Gill, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8' U.S.C. § 1252. We review for substantial evidence, Kin v. Holder, 595 F.3d 1050, 1054 (9th Cir.2010), and we deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based upon the inconsistencies between Gill’s testimony and the affidavits he submitted regarding the timing and circumstances of his father’s arrests. See Goel v. Gonzales, 490 F.3d 735, 739 (9th Cir.2007) (per curiam) (inconsistencies between testimony and documentary evidence support an adverse credibility finding where inconsistencies go to the heart of the claim). Accordingly, in the absence of credible testimony, Gill’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Further’, because Gill’s CAT claim is based on the same testimony found to be not credible, and he does…