Chahal

Chahal v. Mukasey

Good Law
311 F. App'x 4
United States Court of Appeals for the Ninth CircuitJanuary 3, 2008No. 05-74449California328 words

Opinion

Lead Opinion

MEMORANDUM **

Palwinder Singh Chahal, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from an Immigration Judge’s (“IJ”) denial of his application 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 IJ’s and BIA’s decisions unless the evidence compels a contrary conclusion. Malhi v. INS, 336 F.3d 989, 992 (9th Cir.2003). We dismiss the petition in part, and deny the petition in part.

We dismiss Chahal’s asylum claim, because he failed to exhaust it before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004).

Substantial evidence supports the IJ’s and BIA’s denial of withholding of removal based on an adverse credibility finding. First, the IJ specifically and cogently referred to the non-credible aspects of Cha-hal’s demeanor as required for a demean- or-based adverse credibility finding. See Arulampalam v. Ashcroft, 353 F.3d 679, 686 (9th Cir.2003). Second, Chahal’s testimony was internally…

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