Singh

Singh v. Ashcroft

Good Law
115 F. App'x 359
United States Court of Appeals for the Ninth CircuitDecember 13, 2004No. 03-71315California332 words

Opinion

Lead Opinion

MEMORANDUM **

Kuldip Singh, a native and citizen of India, petitions for review of a decision of the Board of Immigration Appeals dismissing his appeal from an Immigration Judge’s (“IJ”) order denying his application for asylum and withholding of removal and denying relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence an adverse credibility finding and a denial of asylum, and will uphold the I J’s decision unless the evidence compels a contrary conclusion. Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003). We deny the petition for review.

Substantial evidence supports the IJ’s adverse credibility finding because Singh’s testimony was both internally inconsistent and inconsistent with his application, see id. at 992-93 , and his demeanor was unconvincing, see Singh-Kaur v. INS, 183 F.3d at 1147, 1151 (9th Cir.1999). Because the factual discrepancies went to the heart of his asylum claim, substantial evidence supports the denial of asylum. See id.

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).

As…

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