Singh

Singh v. Ashcroft

Good Law
104 F. App'x 55
United States Court of Appeals for the Ninth CircuitJuly 16, 2004No. 03-71827California327 words

Opinion

Lead Opinion

MEMORANDUM **

Jaypal 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 for relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence an adverse credibility determination, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we deny the petition.

Substantial evidence supports the BIA’s adverse credibility finding because there were inconsistencies between petitioner’s testimony and his asylum application going to the heart of his asylum claim, including his arrests and escape from detention. See id. at 1043 (stating that testimony about the number of arrests involved the heart of the asylum claim). Because petitioner failed to demonstrate that he was eligible for asylum, it follows that he did not satisfy the more stringent standard for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

In addition, substantial evidence supports the BIA’s denial of relief under CAT. See id at 1157.

The contention…

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