Singh

Singh v. Ashcroft

Good Law
119 F. App'x 175
United States Court of Appeals for the Ninth CircuitJanuary 13, 2005No. 03-71093California279 words

Opinion

Lead Opinion

MEMORANDUM **

Lakhvinder Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ affirmance of the order of an Immigration Judge denying Singh’s applications for asylum and withholding of removal and relief under the Convention Against Torture (CAT). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, and we will uphold the BIA’s decision unless the evidence compels a contrary conclusion. See Malhi v. INS, 336 F.3d 989, 992-93 (9th Cir.2003). We deny the petition.

Substantial evidence supports the adverse credibility finding. As one example, Singh testified, and also stated in his appellate brief to this court, that he was arrested a third and final time from his home. When asked to explain why a letter from his gurdwara did not mention two earlier arrests, Singh stated that the third arrest took place from the Sikh temple. This is a material inconsistency that goes to the heart of Singh’s claim. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001).

Because Singh did not establish eligibility for asylum, he did not satisfy the more stringent standard for withholding of removal. See Lata v. INS, 204…

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