Singh

Singh v. Gonzales

Good Law
131 F. App'x 539
United States Court of Appeals for the Ninth CircuitMay 13, 2005No. 03-74534; Agency No. A96-133-831California316 words

Opinion

Lead Opinion

MEMORANDUM ***

Sandeep Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an immigration judge’s denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the BIA’s factual findings and adverse credibility determination. Malhi v. INS, 336 F.3d 989, 992 (9th Cir.2003). We review de novo due process challenges to final orders of removal. Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny the petition for review.

The BIA’s adverse credibility determination is supported by substantial evidence because it is based on specific, cogent reasons, and the discrepancies regarding Singh’s third arrest go to the heart of his claim for relief. See Malhi, 336 F.3d at 992-93 . Singh’s remaining evidence, when considered in light of his family’s continued residence in India without further incident, does not compel a finding of a well-founded fear of future persecution. See id. at 993 ; Aruta v. INS, 80 F.3d 1389, 1395 (9th Cir.1996). Because he failed to establish eligibility…

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