Yubin Qi v. Eric Holder, Jr.

Good Law
474 F. App'x 564
United States Court of Appeals for the Ninth CircuitJuly 9, 201209-73522California312 words

Opinion

Opinion

MEMORANDUM

Navdeep Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) 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 the agency’s factual findings, applying the new standards governing adverse credibility determinations created by the Real ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir.2010). We deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on divergent accounts in Singh’s asylum application and testimony concerning why the Congress Party mistreated him and when he received threatening phone calls. See id. at 1048 (adverse credibility finding reasonable under totality of circumstances). Singh’s explanations for the differences do not compel a contrary conclusion. See Zamanov v. Holder, 649 F.3d 969, 974 (9th Cir.2011). Accordingly, in the absence of credible testimony, Singh’s asylum and withholding of removal claims fail. See Farah v.…

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