Singh

Singh v. Ashcroft

Good Law
103 F. App'x 189
United States Court of Appeals for the Ninth CircuitJune 25, 2004No. 03-71492; Agency No. A73-164-261California287 words

Opinion

Lead Opinion

MEMORANDUM **

Kamaljit Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision afffiming an immigration judge’s (“IJ”) denial of his applications for asylum and withholding of deportation. We have jurisdiction under 8 U.S.C. § 1105a(a). Kalaw. v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We review for substantial evidence. Chand v. INS, 222 F.3d 1066, 1073 (9th Cir.2000). We deny the petition.

Substantial evidence supports the BIA’s adverse credibility finding because the inconsistencies in Singh’s testimony go to the heart of his asylum claim. See Chebchoub v. INS, 257 F.3d 1088 , 1043 (9th Cir.2001) (holding that inconsistencies are not minor when they relate to the basis for petitioner’s allege fear of persecution). Moreover, we give weight to the IJ and BIA’s demeanor determination that Singh appeared “evasive, halting, and confused,” and “fidgeted” with his hands. Singh-Kaur v. INS, 183 F.3d 1147, 1151 (9th *190 Cir.1999) (according special deference to the IJ’s eye-witness observations of a petitioner’s demeanor).

Because Singh failed to establish eligibility for asylum, he did not satisfy the more stringent standard…

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