Singh

MEMORANDUM **

B albir Singh, and his family derivatively, petition for review of the Board of Immigration Appeals’s decision that affirmed an Immigration Judge’s denial of Singh’s claims for asylum, withholding of removal, and relief under the Convention Against Torture. Although we conclude that the BIA erred in finding that Singh was firmly resettled in the United Arab Emirates, we *553 deny the petitions because we affirm the adverse credibility finding.

The firm resettlement inquiry is governed by Maharaj v. Gonzales, 450 F.3d 961 (9th Cir.2006) (en banc), which was unavailable to the BIA and IJ at the time they rendered their decisions. Under Maharaj , the Government “bears the initial burden of showing that the government of the third country issued to the alien a formal offer of some type of official status permitting the alien to reside in that country indefinitely.” Id. at 976 . If “direct evidence of a formal offer is unobtainable,” the Government can use non-offer evidence, but the Government “also bears the burden of showing that the non-offer-based evidence ... signifies some kind of entitlement to stay indefinitely.” Id. Here, the record does not show that the…