Singh

Singh v. Holder

Good Law
313 F. App'x 57
United States Court of Appeals for the Ninth CircuitFebruary 17, 2009No. 05-71783California1,008 words

Opinion

Lead Opinion

MEMORANDUM **

This dispute arises from a decision by the Board of Immigration Appeals (“BIA”) adopting and affirming the Immigration Judge’s (“U”) denial of Manjit Singh’s application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Singh’s application was rejected on several alternative grounds, which Singh challenges on appeal, including his status under 8 U.S.C. § 1182 (a)(2)(C) and the IJ’s determination, adopted by the BIA, that Singh’s testimony was not credible. The parties are familiar with the facts.

I. Singh’s status under 8 U.S.C. § 1182 (a)(2)(C):

The BIA found that Singh is inadmissible pursuant to 8 U.S.C. § 1182 (a)(2)(C). See AR 97. This provision states that aliens ineligible for admission include *59 “[a]ny alien who the consular officer or the Attorney General knows or has reason to believe ... has been an illicit trafficker in any controlled substance....” 8 U.S.C. § 1182 (a)(2)(C). Under the law of this Circuit, “the appropriate way of measuring if the IJ and BIA had ‘reason to believe’ that [petitioner] was participating in drug-trafficking” is to determine whether the conclusion is based on “reasonable,…

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