Singh

Singh v. Immigration & Naturalization Service

Good Law
22 F. App'x 933
United States Court of Appeals for the Ninth CircuitJanuary 2, 2002No. 01-70007; INS No. A72-126-723California320 words

Opinion

Lead Opinion

MEMORANDUM **

Rajinder Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the immigration judge’s (“IJ”) denial of his application for asylum and withholding of deportation under 8 U.S.C. § 1158 (a) and 1253(h). We have jurisdiction pursuant to 8 U.S.C. § HOSaia). 1 We deny the petition.

*934 We review the BIA’s credibility finding for substantial evidence and must uphold the finding unless the evidence presented compels a reasonable factfinder to reach a contrary result. See de Leon-Barrios v. INS, 116 F.3d 391 , 393 (9th Cir.1997). Although we give “substantial deference” to credibility findings, such a finding must be supported by a specific, cogent reason. See id.

The BIA gave specific and cogent reasons that were supported by substantial evidence for finding Singh’s testimony not credible. Because the inconsistencies or omissions identified by the BIA go to the heart of the asylum claim, Singh’s appeal was properly dismissed. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001).

We lack jurisdiction to consider Singh’s eligibility for relief under Article 3 of the United Nations Convention Against…

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