Singh
Singh v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Gurjeet Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s denial of his application for asylum and withholding *975 of removal, and denying Singh’s motion for reconsideration. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Na-vas v. INS, 217 F.3d 646, 657 (9th Cir. 2000), and review for abuse of discretion denial of a motion to remand, Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003). We deny the petition for review.
Substantial evidence supports the BIA’s adverse credibility finding because the discrepancy in Singh’s testimony relates to the basis for his alleged fear of persecution and goes to the heart of his asylum claim. See Chebchoub v. INS, 257 F.3d 1038,1043 (9th Cir.2001). Accordingly, Singh failed to establish eligibility for asylum or withholding of removal. See Singh v. INS, 301 F.3d 1109,1111 (9th Cir.2002).
The BIA properly denied Singh’s motion for remand. The BIA properly rejected Singh’s ineffective assistance of counsel claim because Singh failed to show prejudice. See Iturribarria v. INS, 321…