Singh

Singh v. Gonzales

Good Law
185 F. App'x 675
United States Court of Appeals for the Ninth CircuitJune 19, 2006No. 05-72251California466 words

Opinion

Lead Opinion

MEMORANDUM **

Balvinder Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s (“IJ”) order denying his applications for asylum, withholding of deportation and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 and deny the petition for review.

Where, as here, the BIA adopts and affirms the IJ’s decision pursuant to Matter of Burbano, 20 I. & N. Dec. 872, 874 (BIA 1994), and expresses no disagreement with the decision, we review the IJ’s decision as if it were the BIA’s. See Abebe v. Gonzales, 432 F.3d 1037, 1040-41 (9th Cir.2005) (en banc). We review for substantial evidence an adverse credibility determination and will uphold that decision unless the record compels a contrary conclusion. See Singh v. Ashcroft, 367 F.3d 1139, 1143 (9th Cir.2004).

Substantial evidence supports the IJ’s adverse credibility determination. Singh’s omission of the beatings he suffered at the hands of Indian police in his asylum application is a proper basis for the IJ’s adverse credibility finding. See Li v. Ashcroft, 378 F.3d 959, 963 (9th Cir.2004) (“The IJ is…

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