Singh

Singh v. Ashcroft

Good Law
96 F. App'x 521
United States Court of Appeals for the Ninth CircuitApril 29, 2004Nos. 02-73518California448 words

Opinion

Lead Opinion

MEMORANDUM **

Lakhwir Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture. We have *522 jurisdiction pursuant to 8 U.S.C. § 1252 (a)(1).

Where the BIA affirms the decision of the IJ without opinion, under 8 C.F.R. § 3.1 (a)(7), we review the decision of the IJ. Falcon Carriche v. Ashcroft, 350 F.3d 845, 855 (9th Cir.2003). We review due process claims, including claims of incompetent translation, de novo. See PerezLastor v. INS, 208 F.3d 773, 777 (9th Cir.2000). We review an adverse credibility finding for substantial evidence; we must thus uphold the decision of the IJ unless the evidence compels a contrary conclusion. Lata v. INS, 204 F.3d 1241, 1244-45 (9th Cir.2000). “We give ‘special deference’ to a credibility determination that is based on demeanor.” Singh-Kawr v. INS, 183 F.3d 1147, 1151 (9th Cir.1999). We deny the petition.

Singh was not denied due process on account of inadequate translation during his August 13, 1998 hearing. The problems in translation…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.