Bishan Singh v. Eric H. Holder Jr.

MEMORANDUM

Petitioner Bishan Singh (“Singh”), a native and citizen of India, seeks review of two orders by the Board of Immigration Appeals (“BIA”). The first BIA order affirmed the Immigration Judge’s (“IJ”) decision, which had found Singh was not credible, denied Singh’s requests for relief from removal, and ordered Singh removed. The second BIA order denied Singh’s motion to reopen removal proceedings based on ineffective assistance of counsel and changed country conditions. We dismiss the petition as to the Convention Against Torture claim and deny the remainder of the petition.

Singh’s submission of a membership card in the All-Indian Sikh Students Federation (“AISSF”), which appeared fraudulent, and the material contradictions between Singh’s testimony and his asylum application concerning the purpose and general description of a rally and his treatment by the police constitute substantial evidence sufficient to supports the IJ’s adverse credibility finding. See Zamanov v. Holder, 649 F.3d 969, 973-74 (9th Cir.2011); Khadka v. Holder, 618 F.3d 996, 1001 (9th Cir.2010).

The BIA did not abuse its discretion in denying Singh’s motion to reopen based on ineffective assistance…