Singh

Singh v. Holder

Good Law
388 F. App'x 653
United States Court of Appeals for the Ninth CircuitJuly 19, 2010No. 07-72820California329 words

Opinion

Lead Opinion

MEMORANDUM **

Gulzar Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to remand, and dismissing his appeal from an immigration judge’s decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to remand. Romero-Ruiz v. Mukasey, 538 F.3d 1057, 1062 (9th Cir.2008). We review de novo due process contentions and we review for substantial evidence factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny the petition for review.

Even if Singh had timely filed his asylum application within one year of entry into the United States, substantial evidence supports the agency’s adverse credibility determination because discrepancies regarding Singh’s employment as a constable police officer in his asylum application go to the heart of his claim. See Don v. Gonzales, 476 F.3d 738, 741-43 (9th Cir.2007) (inconsistencies that go to the heart of the claim from asylum application support an adverse credibility determination). In the absence of credible evidence, Singh has failed…

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