Gurwinder Singh v. Eric Holder, Jr.

MEMORANDUM

Gurwinder 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 (“IJ”) decision denying his application for asylum, -withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, including adverse credibility determinations. See Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001). We deny in part and dismiss in part the petition for review.

Boota Singh Basi and his business partner prepared Singh’s asylum application. The agency found Singh’s application to be a blatant fabrication, based on Basi’s testimony that he made up Singh’s claim, and the government’s submission of an unrelated application Basi prepared and filed four months prior to Singh’s, which was nearly identical in content and form. Substantial evidence supports the agency’s adverse credibility determination. See Desta v. Ashcroft, 365 F.3d 741, 745 (9th Cir.2004) (fraudulent documents going to the heart of claim may justify adverse credibility determination);…