Thind

Thind v. Gonzales

Good Law
218 F. App'x 607
United States Court of Appeals for the Ninth CircuitJanuary 16, 2007No. 05-74668California277 words

Opinion

Lead Opinion

MEMORANDUM **

Harpreet Singh Thind, a native and citizen of India, petitions for review of a Board of Immigration Appeals (“BIA”) decision affirming the ruling of an Immigration Judge (“IJ”) denying his application for asylum, withholding of removal, and relief under the Convention Against Tor *608 ture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 .

Where, as here, the BIA adopts the IJ’s decision and also adds its own reasons, we review both decisions. See Zhou v. Gonzales, 437 F.3d 860 , 864 (9th Cir.2006). We review for substantial evidence, Chen v. Ashcroft, 362 F.3d 611, 616 (9th Cir. 2004), and we deny the petition for review.

Thind’s inability to conclusively demonstrate his true identity goes to the heart of his asylum claim, and therefore substantial evidence supports the agency’s adverse credibility determination. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003); see also Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004) (explaining that adverse credibility ruling will be upheld so long as identified inconsistencies go to heart of asylum claim). Because Thind failed to satisfy the lower standard of proof for asylum, he necessarily failed to satisfy the…

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