Singh

Singh v. Ashcroft

Good Law
96 F. App'x 464
United States Court of Appeals for the Ninth CircuitApril 23, 2004No. 03-70546California316 words

Opinion

Lead Opinion

MEMORANDUM **

Balwinder Singh, a native and citizen of India, petitions for review of the decision of the Board of Immigration Appeals (“BIA”), summarily affirming an immigration judge’s (“IJ”) denial of his application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review an adverse credibility finding for substantial evidence, Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000), and we reverse only if the evidence compels a contrary conclusion, INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition for review.

Singh’s testimony that he was involved in only the religious aspects of the Sikh cause, not the political arm of the movement, was inconsistent with his declaration, which asserted that he was a “freedom fighter” and active in the Sikh cause for a separate Khalistan. This inconsistency goes to the heart of Singh’s claim because his activism formed the basis of his alleged arrests and persecution. See Chebchoub v. INS, 257 F.3d 1038, 1042-43 (9th Cir.2001).

Moreover, substantial evidence supports the IJ’s determination that Singh’s testimony regarding his third arrest did not…

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