Singh

Singh v. Gonzales

Good Law
167 F. App'x 618
United States Court of Appeals for the Ninth CircuitFebruary 16, 2006No. 04-73598California254 words

Opinion

Lead Opinion

MEMORANDUM **

Satinderpal Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from the Immigration Judge’s (“IJ”) denial of his applications for asylum and withholding of removal, and request for relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence an adverse credibility finding and will uphold the BIA’s decision unless the evidence compels a contrary conclusion. Malhi v. INS, 336 F.3d 989, 992-93 (9th Cir.2003). We deny the petition for review.

We conclude that the BIA’s adverse credibility determination was supported by substantial evidence because the IJ’s negative assessment of Singh’s demeanor was detailed and the IJ cited particular examples in the testimony. See Singh-Kaur v. INS, 183 F.3d 1147, 1151 (9th Cir.1999).

Because Singh failed to establish eligibility for asylum, he necessarily failed to meet the more stringent standard for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Because Singh’s claim under the CAT is based on the same testimony that the IJ and BIA found not…

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