Cheeme

Cheeme v. Holder

Good Law
336 F. App'x 718
United States Court of Appeals for the Ninth CircuitJuly 6, 2009No. 05-76084California340 words

Opinion

Lead Opinion

MEMORANDUM **

Pardeep Singh Cheeme, a native and citizen of India, petitions for review of the Board of 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”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence and will uphold the agency’s decision unless the evidence compels a contrary conclusion. Singh v. Gonzales, 439 F.3d 1100, 1111 (9th Cir.2006). We deny in part, and grant in part, the petition for review.

The record does not compel the conclusion that changed or extraordinary circumstances excused the untimely filing of Cheeme’s asylum application. See 8 C.F.R. § 1208.4 (a)(4), (5); Ramadan v. Gonzales, 479 F.3d 646, 656-58 (9th Cir. 2007) (per curiam). Accordingly, his asylum claim fails.

As to the withholding of removal and CAT claims, substantial evidence does not support the agency’s adverse credibility determination because Cheeme did not testify inconsistently with his asylum application about whether police asked him for the names of other party members during his first arrest, see Singh,…

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