Kang

Kang v. Holder

Good Law
339 F. App'x 805
United States Court of Appeals for the Ninth CircuitJuly 31, 2009No. 06-73031California235 words

Opinion

Lead Opinion

MEMORANDUM **

Jaspreet Singh Kang, 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 adverse credibility findings, Singh v. Ashcroft, 367 F.3d 1139, 1143 (9th Cir.2004), and we deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based upon Kang’s inconsistent testimony regarding his father’s political party affiliation, as well as Kang’s lack of political knowledge despite his testimony that he was actively involved in Sikh politics. See id. Absent credible testimony, Kang’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Because Kang’s CAT claim is based on the same evidence the agency deemed not credible, and Kang points to no additional evidence the agency should have considered regarding the likelihood of torture if he is removed to India, we deny the petition as to…

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