Singh

Singh v. Holder

Good Law
334 F. App'x 71
United States Court of Appeals for the Ninth CircuitMay 26, 2009No. 05-72881California1,399 words

Opinion

Lead Opinion

MEMORANDUM **

Tirath Singh (“Singh”) seeks review of the Board of Immigration Appeals’s (“BIA”) decision affirming, based on an adverse credibility determination, an Immigration Judge’s (“IJ”) denial of asylum, withholding of removal, and Convention Against Torture (“CAT”) protection. Singh is a native and citizen of India and a practicing Sikh. He claims he was arrested on two occasions and tortured because of his actual or imputed political opinions.

The IJ denied Singh’s requests for asylum, withholding of removal, and CAT protection, finding the “unreasonableness” and “implausibility” of Singh’s story and “contradictions” in Singh’s testimony gave rise to a “real reason to doubt the credibility of [Singh].” The IJ also stated that Singh failed to produce “independent, readily available, corroborative evidence” of his story. Singh appealed to the BIA, which denied Singh’s appeal, affirming the IJ’s adverse credibility finding as not “clearly erroneous” “[g]iven the inconsistencies and implausibilities in the record.”

*73 An IJ is required to give an applicant a reasonable opportunity to explain any discrepancy before making an adverse credibility ruling. See Guo v.…

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