Singh

Singh v. Ashcroft

Good Law
112 F. App'x 570
United States Court of Appeals for the Ninth CircuitOctober 13, 2004No. 03-71414; Agency No. A72-694-573California566 words

Opinion

Lead Opinion

MEMORANDUM **

Amar Singh appeals the oral decision of the immigration judge (“IJ”), which the Board of Immigration Appeals (“BIA”) affirmed without opinion, denying his petition for asylum, withholding of removal, Convention Against Torture (“CAT”) protection and, in the alternative, voluntary departure. We deny the petition in part and dismiss in part.

Singh first argues that the evidence he presented compels a finding that he is entitled to asylum, withholding of deportation, and CAT protection. However, the IJ made an adverse credibility finding against Singh due to numerous material inconsistencies in his testimony and testimony that was vague and nonresponsive on several material issues. Further, because Singh’s testimony was discredited, he needed but failed to provide sufficient documentary evidence to support his claims.

The IJ’s decision that Singh’s claims fail for insufficiency of evidence is supported by substantial evidence. See Al-Harbi v. INS, 242 F.3d 882, 888 (9th Cir.2001); Mejia-Paiz v. INS, 111 F.3d 720 , 722 (9th Cir.1997). Under this standard, the IJ’s findings and conclusions must be upheld “if they are supported by ‘reasonable, substantial and probative…

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