Sidhu

Sidhu v. Ashcroft

Good Law
111 F. App'x 472
United States Court of Appeals for the Ninth CircuitSeptember 21, 2004No. 02-73130; Agency No. A75-301-639California310 words

Opinion

Lead Opinion

MEMORANDUM **

Nirmal Singh Sidhu, a native and citizen of India, petitions for review of a Board of Immigration Appeals’ (“BIA”) decision summarily affirming the Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence and will uphold the findings unless the evidence compels a contrary result. Taha v. Ashcroft, 362 F.3d 623, 626 (9th Cir.2004). We deny the petition for review.

Substantial evidence supports the IJ’s adverse credibility finding because there were material discrepancies between Sidhu’s asylum affidavit and his testimony. See Taha, 362 F.3d at 627-28 . Accordingly, Sidhu failed to establish his eligibility for asylum and withholding of removal. See id. at 628 n. 3.

Substantial evidence supports the BIA’s conclusion that the petitioner failed to show that it was more likely than not that he would be tortured upon returning to India, and therefore was not entitled to CAT relief. See Kamalthas v. INS, 251 F.3d 1279, 1283 (9th Cir.2001).

The BIA’s decision to streamline Sidhu’s case was appropriate…

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