Singh

Singh v. Gonzales

Good Law
217 F. App'x 695
United States Court of Appeals for the Ninth CircuitJanuary 12, 2007No. 05-73709California297 words

Opinion

Lead Opinion

MEMORANDUM **

Harvinder Pal 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 adverse credibility determinations for substantial evidence, Malhi v. INS, 336 F.3d 989, 992-93 (9th Cir.2003), and review de novo claims of due process violations. Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir.2001). We deny the petition.

Substantial evidence supports the BIA’s and IJ’s denial of asylum based on an adverse credibility finding. Singh’s testimony was internally inconsistent and inconsistent with his asylum application and documents that he submitted regarding matters that go to the heart of his claim. See Li v. Ashcroft, 378 F.3d 959, 962-63 (9th Cir.2004).

Because Singh failed to establish eligibility for asylum, he necessarily failed to meet the more stringent standard for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Because Singh’s claim…

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