Mann

Mann v. Holder

Good Law
333 F. App'x 255
United States Court of Appeals for the Ninth CircuitSeptember 28, 2009No. 06-71691California365 words

Opinion

Lead Opinion

MEMORANDUM **

Gurdip Singh Mann, a native and citizen of India, petitions for review of the 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 protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence an adverse credibility determination, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and review de novo due process claims, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny the petition for review.

Substantial evidence supports the IJ’s adverse credibility determination because Mann’s testified inconsistently regarding the nature of his political activities, and his testimony was inconsistent with a supporting affidavit regarding his position within his party and the number of times he was arrested. See Chebchoub, 257 F.3d at 1042-43 (inconsistencies related to basis for alleged fear of persecution and number of arrests go to heart of claim). In the absence of credible testimony, Mann failed to demonstrate eligibility for asylum or withholding of removal. See Farah…

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