Singh

Singh v. Holder

Good Law
316 F. App'x 700
United States Court of Appeals for the Ninth CircuitMarch 6, 2009No. 04-75558California269 words

Opinion

Lead Opinion

MEMORANDUM **

Baltej Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order affirming an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review the IJ’s adverse credibility determination for substantial evidence, Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002), and deny the petition for review.

Substantial evidence supports the IJ’s adverse credibility determination based on Singh’s failure to establish sufficiently and affirmatively his identity. See, e.g., Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003) (affirming negative credibility finding based on, inter alia, discrepancies regarding identity). Because at least one of the identified grounds underlying the IJ’s adverse credibility finding is supported by substantial evidence and goes to the heart of the claim of persecution, we are bound to accept the negative credibility finding. See Li v. Ashcroft, 378 F.3d 959, 964 (9th Cir.2004).

Singh’s failure to satisfy the lower standard of proof for asylum necessarily results…

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