Chandhar

Chandhar v. Gonzales

Good Law
203 F. App'x 772
United States Court of Appeals for the Ninth CircuitOctober 23, 2006No. 05-70023California285 words

Opinion

Lead Opinion

MEMORANDUM **

Charanjit Singh Chandhar, a native and citizen of India, petitions for review of an order of the Board of Immigration Appeals *773 summarily affirming an Immigration Judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”).

We lack jurisdiction to consider Chand-har’s challenge to the denial of CAT relief because he failed to exhaust it before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

We have jurisdiction over petitioner’s remaining claims pursuant to 8 U.S.C. § 1252 . Reviewing for substantial evidence, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), we deny the petition for review.

Substantial evidence supports the IJ’s adverse credibility finding because the internal inconsistency in Chandhar’s testimony regarding whether he was in hiding in Uttar Pradesh or attending a public celebration in his village in the Punjab are not minor and go to the heart of his asylum claim. See id. at 1043 .

Because Chandhar cannot meet the lower standard of eligibility for asylum, he has failed to show that he is entitled to withholding of removal. See Farah v. Ashcroft,…

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