Singh

Singh v. Ashcroft

Good Law
108 F. App'x 512
United States Court of Appeals for the Ninth CircuitAugust 30, 2004No. 03-71411California280 words

Opinion

Lead Opinion

MEMORANDUM **

Tara Singh, a native and citizen of India, petitions for review of the decision of the *513 Board of Immigration Appeals, summarily affirming an immigration judge’s (“IJ”) denial of his application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review an adverse credibility finding for substantial evidence, Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000), and we reverse only if the evidence compels a contrary conclusion, INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition for review.

Substantial evidence supports the IJ’s adverse credibility determination, based on Singh’s demeanor and inconsistencies that went to the heart of his claim. See Singh-Kaur v. INS, 183 F.3d 1147, 1151-52 (9th Cir.1999). The record does not compel the opposite result. See Elias-Zacarias, 502 U.S. at 483-84 , 112 S.Ct. 812 .

Because Singh did not testify credibly, he failed to establish eligibility for asylum. See Mejia-Paiz v. INS, 111 F.3d 720 , 723 (9th Cir.1997). It follows that he also failed to establish eligibility for withholding of removal. See Alvarez-Santos v. INS, 332 F.3d…

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