Dhaliwal

Dhaliwal v. Gonzales

Good Law
211 F. App'x 638
United States Court of Appeals for the Ninth CircuitDecember 12, 2006No. 05-70502California223 words

Opinion

Lead Opinion

MEMORANDUM **

Manjit Singh Dhaliwal, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of his appeal of an Immigration Judge’s (“U”) denial of his applications for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We deny the petition for review.

The IJ properly found Dhaliwal not credible because his application and testimony were inconsistent regarding where he hid prior to leaving India: See Chebchoub v. INS, 257 F.3d 1038, 1042-44 (9th Cir.2001) (inconsistencies regarding events leading up to petitioner’s departure are not minor). Because this inconsistency goes to the heart of Dhaliwal’s asylum claim, substantial evidence supports the IJ’s adverse credibility determination. See id. at 1043 .

Because Dhaliwal fails to establish eligibility for asylum, he also fails to demonstrate eligibility for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Finally, we lack jurisdiction to consider Dhaliwal’s CAT claim because he did not exhaust it before the BIA in the notice of appeal. See Ortiz v. INS,…

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