Singh

Singh v. Immigration & Naturalization Service

Good Law
15 F. App'x 465
United States Court of Appeals for the Ninth CircuitJuly 23, 2001No. 00-71309; INS No. A70-547-987California322 words

Opinion

Lead Opinion

MEMORANDUM **

Baldev Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from an immigration judge’s (“U”) denial of his application for asylum and withholding of deportation under 8 U.S.C. §§ 1158 (a), 1253(h). We have jurisdiction under 8 U.S.C. § llOSaia). 1 We review for substantial evidence BIA decisions in asylum cases. Chand v. INS, 222 F.3d 1066, 1073 (9th Cir.2000). We deny the petition.

Because some of the adverse credibility findings went to the heart of the asylum claim, substantial evidence supports the adverse credibility finding of the IJ and BIA. See de Leon-Barrios v. INS, 116 F.3d 391 , 393-94 (9th Cir.1997).

It follows that Singh failed to satisfy the more stringent standard required to establish eligibility for withholding of deportation. See Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir.1995).

Finally, we conclude that the BIA’s failure to consider Singh’s letters as evidence did not cause Singh to suffer any prejudice. See Cuadras v. INS, 910 F.2d 567, 573 (9th Cir.1990) (holding no denial of due process when failure to consider evidence causes no prejudice to alien).

PETITION…

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