Singh

Singh v. Gonzales

Good Law
201 F. App'x 557
United States Court of Appeals for the Ninth CircuitSeptember 15, 2006No. 05-72826California282 words

Opinion

Lead Opinion

MEMORANDUM **

Butta Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from an Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of removal, and request for relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence an adverse credibility finding and will uphold the IJ’s and BIA’s decisions unless the evidence compels a contrary conclusion. Malhi v. INS, 336 F.3d 989, 992-93 (9th Cir.2003). We deny the petition.

Substantial evidence supports the IJ’s and BIA’s adverse credibility finding based on Singh’s submission of two versions of an affidavit that were purported to be identical and sent to him in the same envelope, but instead contained significant inconsistencies. See Zahedi v. INS, 222 F.3d 1157, 1165 (9th Cir.2000); see also Li v. Ashcroft, 378 F.3d 959, 962-63 (9th Cir. 2004) (inconsistencies that go to the heart of the claim support an adverse credibility finding).

Because Singh failed to establish eligibility for asylum, he necessarily failed to meet the more stringent standard for…

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