Singh

Singh v. Ashcroft

Good Law
96 F. App'x 497
United States Court of Appeals for the Ninth CircuitApril 27, 2004No. 03-70119California318 words

Opinion

Lead Opinion

MEMORANDUM **

Nirmal Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an immigration judge’s (“IJ”) denial of his application for asylum and withholding of removal, and the BIA’s denial of Singh’s motion to remand for relief under Article 3 of the Convention Against Torture (the “Convention”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence adverse credibility findings. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). Because the BIA has adopted the IJ’s adverse credibility finding, we review both decisions. Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002). We deny the petition.

Substantial evidence supports the IJ and BIA’s adverse credibility finding because Singh provided information in his asylum declaration that was inconsistent with his hearing testimony and he failed to adequately explain the discrepancies. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000). Because these factual discrepancies went to the heart of Singh’s asylum claim, substantial evidence supports the denial of asylum. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001). In addition,…

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