Shahpuri

MEMORANDUM ***

Harmimandir Singh Shahpuri and his wife, Gajun Shahpuri, petition for review of the BIA’s order summarily affirming the IJ’s order denying their applications for asylum, withholding of removal, and withholding of removal under the Convention Against Torture from both Iran and India. We grant the petitions in part and deny them in part.

First, Mr. Shahpuri sought asylum from India. The IJ ruled that Mr. Shahpuri was not eligible for asylum from India because he had been firmly resettled in Iran. 8 U.S.C. § 1158 (b)(2)(A)(vi). Mr. Shahpuri’s eight year residence in Iran established a presumption of firm resettlement that he failed to rebut. Cheo v. INS, 162 F.3d 1227, 1229 (9th Cir.1998). Substantial evidence supported the IJ’s determination. Vang v. INS, 146 F.3d 1114, 1116 (9th Cir.1998).

Mr. Shahpuri also sought withholding of deportation to India. Because of significant inconsistencies in Mr. Shahpuri’s testimony about the number and circumstances of his arrests in India, the IJ found that Mr. Shahpuri was not credible. The evidence does not compel a contrary conclusion. See INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992).…