Singh

Singh v. Ashcroft

Good Law
107 F. App'x 121
United States Court of Appeals for the Ninth CircuitAugust 18, 2004No. 03-71993California351 words

Opinion

Lead Opinion

MEMORANDUM **

Devinder Singh, a native and citizen of India,' petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal of an immigration judge’s (“U”) denial of his application for asylum and withholding of deportation. Because the transitional rules apply, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction pursuant to 8 U.S.C. § 1105a(a). We review for substantial evidence the agency’s adverse credibility finding, see Singh-Kaur v. INS, 183 F.3d 1147, 1149-50 (9th Cir.1999), and we deny the petition for review.

The agency properly based its adverse credibility determination on observations of Singh’s demeanor and on Singh’s failure to provide convincing documentary evidence despite his own testimony that such evidence was available and despite a continuance of almost one year designed to allow Singh to collect pertinent evidence. See Mendoza Manimbao v. Ashcroft, 329 F.3d 655, 661-62 (9th Cir.2003) (recognizing that courts give “special deference” to the agency’s eyewitness observations of demeanor); Sidhu v. INS, 220 F.3d 1085, 1092 (9th Cir.2000) (“where ... the applicant fails to produce non-duplicative,…

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