Singh

Singh v. Gonzales

Good Law
150 F. App'x 714
United States Court of Appeals for the Ninth CircuitOctober 19, 2005No. 04-70781California387 words

Opinion

Lead Opinion

MEMORANDUM **

Jagdeep Singh, a native and citizen of India, petitions for review of an order of the Board of Immigration Appeals (“BIA”) affirming an immigration judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . Reviewing for substantial evidence, see INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), we deny the petition for review.

Because the BIA expressly declined to adopt the IJ’s adverse credibility determination, we accept Singh’s testimony as true. See Kataria v. INS, 232 F.3d 1107, 1113 (9th Cir.2000) (“It is also well settled that we must accept an applicant’s testimony as true in the absence of an explicit adverse credibility finding.”).

The record supports the BIA’s determination that Singh did not demonstrate that his August 2001 arrest and detention were “on account of’ either his *716 membership in the All India Sikh Students’ Federation or imputation of his father’s political beliefs to him. See Nuru v. Gonzales, 404 F.3d 1207, 1225-26 (9th Cir. 2005). 1 Singh expressly acknowledged at the hearing…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.