Kapil

MEMORANDUM **

Chattar Pal Kapil, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision *546 summarily affirming an immigration judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and 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 both the denial of asylum, Malhi v. INS, 336 F.3d 989, 992 (9th Cir.2003), and the denial of relief under the Convention, Zheng v. Ashcroft, 332 F.3d 1186, 1193 (9th Cir.2003). We review de novo claims of due process violations. Hartooni v. INS, 21 F.3d 336, 339 (9th Cir.1994). We deny the petition.

Contrary to the government’s contention, the IJ did not make an adverse credibility finding. See Mendoza Manimbao v. Ashcroft, 329 F.3d 655, 658-59 (9th Cir. 2003) (an implicit credibility observation made in passing does not constitute a credibility finding). Therefore, we accept Kapil’s testimony as true. See id.

Kapil testified that in 1983, Sikh militants sprayed a death threat message onto his house. We conclude that this unfulfilled death threat does not rise to the…