Singh

Singh v. Holder

Good Law
323 F. App'x 604
United States Court of Appeals for the Ninth CircuitApril 24, 2009No. 05-72725California433 words

Opinion

Lead Opinion

ORDER

The memorandum disposition filed on November 4, 2008, 299 Fed.Appx. 669 , is withdrawn. A replacement memorandum disposition will be filed concurrently with this order.

The petition for panel rehearing is denied as moot.

MEMORANDUM **

Jaijit Singh, native and citizen of India, petitions for review of a Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, reversing only if the evidence compels the result. INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the IJ’s determination that Singh’s asylum application was untimely because that finding is based on disputed facts. 8 U.S.C. § 1158 (a)(3); Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir.2007) (per curiam).

Substantial evidence supports the IJ’s adverse credibility determination, because the discrepancy between Singh’s testimony and his…

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