Singh
Singh v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Amar Jeet Singh, a native and citizen of Fiji, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his applications for asylum, withholding of removal and protection under the Convention Against Torture (“CAT”). Reviewing for substantial evidence, Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004), we dismiss in part and deny in part the petition for review.
We lack jurisdiction to review the BIA’s April 27, 2005 order denying Singh’s motion to reopen because he failed to petition this court for review of that decision. See Martinez-Serrano v. INS, 94 F.3d 1256, 1258 (9th Cir.1996).
We also lack jurisdiction to review Singh’s contention that the IJ prevented him from presenting his case, because he failed to raise it before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (holding that due process challenges that are “procedural in nature” must be exhausted).
Substantial evidence supports the agency’s adverse credibility determination based on significant inconsistencies between Singh’s testimony and his written asylum application regarding his alleged…