Singh

Singh v. Holder

Good Law
325 F. App'x 566
United States Court of Appeals for the Ninth CircuitMay 7, 2009No. 05-72729California329 words

Opinion

Lead Opinion

MEMORANDUM ***

Petitioner Balvir Singh (“Singh”) seeks review of the Board of Immigration Appeals’ decision affirming the Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal and protection under the Convention Against Torture (“CAT”). We deny the petition.

Substantial evidence supports the IJ’s adverse credibility finding. We are bound to accept an adverse credibility determination if at least one of the identified grounds is supported by substantial evidence and goes to the heart of the alien’s claim. Li v. Ashcroft, 378 F.3d 959, 964 (9th Cir.2004). Inconsistencies in an alien’s testimony go to the heart of the asylum claim if they relate to the events leading up to the petitioner’s departure and the reasons why the petitioner fled. Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001).

Here, Singh testified inconsistently at his asylum hearing regarding several matters which pertain to the heart of his claim: (1) whether the year of his last arrest was immediately prior to his departure from India or a year earlier; (2) whether the length of his second arrest was three, fourteen or nineteen days, and (3) whether the police put salt or a red…

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