Singh

Singh v. Ashcroft

Good Law
114 F. App'x 875
United States Court of Appeals for the Ninth CircuitDecember 10, 2004No. 03-71572; Agency No. A77-384-585California295 words

Opinion

Lead Opinion

MEMORANDUM **

Kulwinder Singh, a native and citizen of India, petitions for review from the Board of Immigration Appeals’ (“BIA”) decision affirming an immigration judge’s (“IJ”) de *876 nial of his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, see Sangha v. INS, 103 F.3d 1482, 1487 (9th Cir.1997), and deny the petition.

Substantial evidence supports the IJ’s adverse credibility finding because petitioner’s testimony was inconsistent with his interview before the asylum officer. Because the factual discrepancies went to the heart of his asylum claim, substantial evidence supports the denial of asylum. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001). It follows that Singh did not satisfy the more stringent standard for withholding of removal. See Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000).

Additionally, substantial evidence supports the IJ’s denial for relief under the CAT because Singh failed to demonstrate that it is more likely than not that he will be tortured if returned to India. See Kamalthas v. INS, 251 F.3d…

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