Labana
Labana v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM *
Inderjit Singh Labana, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from the Immigration Judge’s (“IJ”) denial of his applications for asylum and withholding of removal. 1 The IJ’s denial was based on an adverse credibility determination. We review adverse credibility determinations under the “substantial evidence” standard. See Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). Where, as here, the BIA incorporates the Immigration Judge’s (“IJ”) decision, we review the IJ’s decision as if it were the opinion of the BIA. See id. In order to overturn the IJ’s credibility determination, we must find that the evidence compels “a reasonable finder of fact to reach a contrary result.” Singh-Kaur v. INS, 183 F.3d 1147, 1149-50 (9th Cir. 1999). Because we find that the IJ’s adverse credibility determination was supported by substantial evidence and does not compel a contrary result, we deny Labana’s petition for review.
The IJ in this case pointed to specific and cogent flaws in Labana’s testimony: (1) Labana’s testimony was inconsistent as to the date he was released from his second arrest; (2)…