Singh
Singh v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Balwant Singh, and his wife, Daljit Kaur, natives and citizens of India, petition for review of the Board of Immigration Appeals’ (“BIA”) affirmance of an Immigration Judge’s (“IJ”) denial of their application for asylum, withholding of removal, and for relief under the Convention Against Torture (“CAT”).
We lack jurisdiction to review petitioners’ due process claim because they failed to exhaust the claim before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2003). We therefore dismiss the due process claim.
We have jurisdiction under 8 U.S.C. § 1252 over petitioners’ remaining claims. We review for substantial evidence, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and deny the remaining claims in the petition for review.
Substantial evidence supports the IJ’s adverse credibility finding based on an inconsistency between Singh’s testimony and application regarding his second detention. See id. at 1043-45 .
Because petitioners failed to demonstrate that they are eligible for asylum, it follows that they did not satisfy the more stringent standard for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th…