Singh

Singh v. Holder

Good Law
330 F. App'x 152
United States Court of Appeals for the Ninth CircuitAugust 3, 2009No. 06-70679California261 words

Opinion

Lead Opinion

MEMORANDUM **

Sharnjit Singh, a native and citizen of India, petitions for review of the Board of *153 Immigration Appeals’ order dismissing his appeal from an immigration judge’s 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 and will uphold the agency’s decision unless the evidence compels a contrary conclusion. Martinez v. Holder, 557 F.3d 1059, 1060 (9th Cir.2009). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’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). Accordingly, his asylum claim is dismissed.

Substantial evidence supports the agency’s adverse credibility determination because the discrepancies regarding Singh’s entry into the United States, and the circumstances of his first arrest, go to the heart of his claims. See Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004). Accordingly, Singh’s withholding…

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