Singh

Singh v. Ashcroft

Good Law
114 F. App'x 324
United States Court of Appeals for the Ninth CircuitNovember 24, 2004No. 03-70772California403 words

Opinion

Lead Opinion

MEMORANDUM **

Gurdeep Singh petitions for review from an affirmance by the Board of Immigration Appeals (“BIA”) of the decision of an Immigration Judge (“IJ”) denying his 2001 application for asylum. Singh applied for asylum in 1995; his application was denied and he did not appeal. He was therefore ineligible to apply for asylum in 2001, because 8 U.S.C. § 1158 (a)(2)(C) provides that an alien is not eligible to apply for asylum “if the alien has previously applied for asylum and had such application denied.” Singh does not argue that there *325 were changed circumstances to take into account in 2001. See id. at (a)(2)(D).

Singh does argue that his due process rights were violated because the IJ rejected his applications for withholding of removal and Torture Convention relief based on adverse credibility findings made without a complete review of the first asylum proceedings. Specifically, Singh contends the IJ should have reviewed a transcript or the tape of those proceedings rather than rely solely on the written application for asylum. We have held, however, that one is “not deprived of his due process rights because of the absence of a tape recording of his prior…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.