Singh

Singh v. Gonzales

Good Law
228 F. App'x 692
United States Court of Appeals for the Ninth CircuitApril 16, 2007No. 04-75384California1,126 words

Opinion

Lead Opinion

MEMORANDUM ***

Jaswant Singh, a citizen of India and a Sikh, petitions for review of the Board of Immigration Appeals’s (“BIA”) decision to deny his application for asylum and withholding of removal under 8 U.S.C. § 1231 (b)(3)(A), based on an adverse credibility finding. He alleges he was twice arrested and beaten by the police in India because of his political party affiliation and/or because of the party affiliation of his brother and uncle. The immigration judge (“IJ”) had jurisdiction over petitioner’s claim for asylum and withholding of removal under 8 U.S.C. § 1229a. We have jurisdiction over the petition for review pursuant to 8 U.S.C. § 1252 , and we deny the petition.

We review a BIA decision that an alien has not established eligibility for asylum to determine whether it is supported by substantial evidence. Where the BIA has adopted the IJ’s reasoning without opinion, we review the IJ’s decision as we would review that of the BIA. See 8 C.F.R. § 1003.1 (e)(4); Lanza v. Ashcroft, 389 F.3d 917, 925 (9th Cir.2004); Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). Under the substantial evidence standard, “the administrative findings of fact are conclusive unless any…

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