Vitali Ciolac v. Eric Holder, Jr.

Good Law
508 F. App'x 684
United States Court of Appeals for the Ninth CircuitFebruary 14, 201310-70771California326 words

Opinion

Opinion

MEMORANDUM

Kewal Singh Khinda, 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 application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Singh v. Holder, 643 F.3d 1178, 1180 (9th Cir.2011), and we deny in part and dismiss in part the petition for review.

Khinda claims he has suffered harm from police because of his father’s political activism. Substantial evidence supports the agency’s adverse credibility determination based on Khinda’s admission that he lied on his original asylum application and in his testimony to the asylum officer, see id. at 1181 , the contradiction between Khinda’s testimony and the affidavit from his father regarding one of the main incidents of his claim, see Goel v. Gonzales, 490 F.3d 735, 739 (9th Cir.2007), and the implausibility of his claim, see Liu v. Holder, 640 F.3d 918, 926 (9th Cir.2011). The agency reasonably rejected Khinda’s explanation. See Rivera v. Mukasey, 508 F.3d 1271,…

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