Singh

Singh v. Holder

Good Law
337 F. App'x 737
United States Court of Appeals for the Ninth CircuitJuly 22, 2009No. 06-72673California271 words

Opinion

Lead Opinion

MEMORANDUM **

Inderjit Singh, 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 finding that his asylum application was frivolous. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo the BIA’s determination of purely legal questions, see Ahir v. Mukasey, 527 F.3d 912, 916 (9th Cir.2008), and we require that a frivolousness finding be supported by a preponderance of the evidence, see id. at 918-19 . We deny the petition for review.

Singh was given “adequate notice of the consequences of filing a frivolous application,” and the IJ made “explicit findings that [he] knowingly filed a frivolous application.” See id. at 917-18 . Furthermore, the agency’s conclusion that Singh knowingly filed a frivolous application is supported by a preponderance of the evidence in light of testimony by the preparer that *738 Singh’s application was fabricated, as well as discrepancies between Singh’s testimony and his declaration pertaining to his first arrest. See id. at 918-19 (holding that an IJ is permitted to rely on both direct and circumstantial evidence of…

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