Singh

Singh v. Holder

Good Law
340 F. App'x 378
United States Court of Appeals for the Ninth CircuitJuly 24, 2009No. 06-73896California454 words

Opinion

Lead Opinion

MEMORANDUM **

Ishwarpal Singh, a native and citizen of India, petitions for review of the Board of *380 Immigration Appeals’ 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 factual findings, Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004), and we 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 finding that Singh did not demonstrate changed or extraordinary circumstances to excuse the untimely filing of his 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, Singh’s asylum claim fails.

Substantial evidence supports the IJ’s adverse credibility determination because Singh admitted he lied in his original asylum application about his birth date and entry date into the United States. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003) (holding that identity and…

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