Malhotra

Malhotra v. Gonzales

Good Law
139 F. App'x 835
United States Court of Appeals for the Ninth CircuitJuly 15, 2005No. 04-71758California366 words

Opinion

Lead Opinion

MEMORANDUM **

Ragav Malhotra, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming without opinion an Immigration Judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . Because the Board in this case summarily affirmed the IJ’s order without discussion, we review the IJ’s opinion as the final agency determination. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We review for substantial evidence an adverse credibility finding, and will uphold the IJ’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 for review.

Substantial evidence supports the IJ’s adverse credibility determination in this case. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001). The IJ’s adverse credibility finding rests primarily on the issue of whether Malhotra is a Sikh. Malhotra indicated on his asylum application that his religion is Hindu. Malhotra also indicated on his extended declaration in his…

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