Singh

Singh v. Gonzales

Good Law
187 F. App'x 751
United States Court of Appeals for the Ninth CircuitJune 30, 2006Nos. 04-72858, 04-75230; Agency No. A75-306-345California644 words

Opinion

Lead Opinion

MEMORANDUM ***

Rashpal Singh, a native and citizen of India, petitions for review of a decision of the Bureau of Immigration Appeals (BIA) denying his application for asylum, 8 U.S.C. § 1158 (a); withholding of removal, 8 U.S.C. § 1231 (b)(3); and relief under the Convention Against Torture (CAT), 23 *752 I.L.M. 1027, 1028 (1984) (as implemented by 8 C.F.R. § 208.16 ). We have jurisdiction under 8 U.S.C. § 1252 (a), and we deny the petition.

‘Where, as here, the BIA affirms the IJ’s decision without issuing an opinion, the IJ’s decision becomes the BIA’s decision.” Gormley v. Ashcroft, 364 F.3d 1172, 1176 (9th Cir.2004) (citations omitted). The IJ denied Singh’s application, making an adverse credibility determination based upon Singh’s demeanor and at least nine identified inconsistencies.

Review of the BIA’s decision is for substantial evidence and the standard of review is highly deferential for demeanor evaluations. See, e.g., Singh-Kaur v. INS, 183 F.3d 1147, 1151 (9th Cir.1999) (‘We give ‘special deference’ to a credibility determination that is based on demeanor”) (citation omitted); Kaur v. Gonzales, 418 F.3d 1061, 1064 (9th Cir.2005) (‘We accord special deference to an…

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