Singh

Singh v. Ashcroft

Good Law
114 F. App'x 865
United States Court of Appeals for the Ninth CircuitDecember 10, 2004No. 03-73659; Agency No. A76-868-736California299 words

Opinion

Lead Opinion

MEMORANDUM **

Avtar Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an Immigration Judge’s (“IJ”) decision denying his application for asylum, withholding of removal and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We review the IJ’s findings expressly adopted by the BIA. See Shah v. INS, 220 F.3d 1062, 1067 (9th Cir.2000). We review for substantial evidence, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we deny the petition.

Substantial evidence supports the IJ’s adverse credibility findings because Singh’s testimony contained inconsistencies going to the heart of his asylum claim concerning the nature of his release from detention and the date of his first arrest; accordingly, Singh failed to establish eligibility for asylum. See id. at 1043 .

Because Singh failed to demonstrate that he was eligible for asylum, it follows that he did not satisfy the more stringent standard for withholding of removal. See *866 Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

In addition, substantial evidence supports the agency’s denial of relief under the…

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