Singh
Singh v. Holder
Opinion
Lead Opinion
MEMORANDUM **
Petitioner Ravinder Singh, a native and citizen of India, seeks review of the decision of the Board of Immigration Appeals (“BIA”) affirming the decision of an immigration judge (“IJ”). The IJ made an adverse credibility finding and thus concluded that Singh had failed to meet his burden of proof on his applications for asylum, withholding of removal, and relief under the Convention Against Torture.
The facts of this case are familiar to the parties, and we do not repeat them here. We review adverse credibility findings under the substantial evidence standard. Thus, the findings “are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252 (b)(4)(B); INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Because Singh’s petition was filed before the REAL ID Act came into effect, it is governed under pre-REAL ID Act credibility standards. Thus, the IJ could only base his adverse credibility determination on testimonial inconsistencies if these inconsistencies go to the heart of Singh’s claim. Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004).