Congying Yu v. Eric Holder, Jr.

MEMORANDUM

Surinder Saini, 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 because Sami’s testimony was internally inconsistent and inconsistent with his declaration regarding the circumstances of his arrest and release, including the date of the arrest and whether Amrik Singh was released from custody with Saini or had been handed over to the Punjab police. See id. at 1058 (inconsistencies regarding petitioners’ arrests and release went to the heart of the claim and supported an adverse credibility finding). Saini’s explanations do not compel a contrary conclusion. See Rivera v. Mukasey, 508 F.3d 1271, 1275 (9th Cir.2007). Accordingly, in the absence of credible testimony, Saini’s asylum and withholding of removal…