Manjit Walia v. Eric Holder, Jr.

MEMORANDUM

Manjit Singh Walia, 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 applications for asylum, withholding of removal, protection under the Convention Against Torture (“CAT”), and adjustment of status. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings and review de novo questions of law. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on Walia’s admission that he presented fraudulent claims and evidence in the asylum application he submitted in 2000 and in his testimony before an asylum officer. See Kaur v. Gonzales, 418 F.3d 1061, 1065-67 (9th Cir.2005); Sarvia-Quintanilla v. INS, 767 F.2d 1387, 1393 (9th Cir.1985) (history of dishonesty can support an adverse credibility finding). Accordingly, in the absence of credible testimony, Walia’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th…