Kumar

Kumar v. Ashcroft

Good Law
101 F. App'x 748
United States Court of Appeals for the Ninth CircuitJune 24, 2004No. 02-74373California210 words

Opinion

Lead Opinion

MEMORANDUM **

Bhushan Kumar, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing Kumar’s appeal from an immigration judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Tor *749 ture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . Because the BIA adopted the IJ’s credibility findings, we review the IJ’s decision for substantial evidence, see Singh-Kaur v. INS, 183 F.3d 1147, 1149-50 (9th Cir.1999), and we deny the petition for review.

Substantial evidence supports the IJ’s adverse credibility determination because it was based on inconsistencies that went to the heart of Singh’s claim. See id. at 1151-52 .

Because Singh did not testify credibly, he failed to establish eligibility for asylum or withholding of removal. See id. at 1149 . Singh also failed to establish eligibility for relief under the CAT because his claim was based on the same statements that the IJ deemed were not credible. See Farah v. Ashcroft, 348 F.3d 1153, 1157 (9th Cir. 2003).

PETITION FOR REVIEW DENIED.

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