Singh

Singh v. Immigration & Naturalization Service

Good Law
84 F. App'x 767
United States Court of Appeals for the Ninth CircuitDecember 10, 2003No. 02-72811; Agency No. A72-111-112California304 words

Opinion

Lead Opinion

MEMORANDUM *

Nake Singh, a native and citizen of India, petitions for review of an order of the Board of Immigration Appeals summarily affirming without opinion the decision of the Immigration Judge (“IJ”). The IJ *768 found that Singh was not credible and therefore denied Singh’s application for asylum and for withholding of deportation, but granted Singh voluntary departure. Because deportation proceedings were commenced against Singh prior to April 1, 1997, and the final order of deportation was entered after October 30, 1996, we have jurisdiction over the petition pursuant to 8 U.S.C. § 1105a, as amended by § 309(c)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Chand v. INS, 222 F.3d 1066, 1073 (9th Cir.2000).

We acknowledge that this is a close case and that several of the bases on which the IJ relied to reject Singh’s testimony were not legitimate. 1 However, Singh’s testimony regarding material aspects of his claim, such as his understanding and beliefs of the All India Sikh Student Federation, Khalistan, and his medical treatment, was unclear. We therefore conclude that the IJ’s adverse credibility determination was supported by…

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