Singh

Singh v. Mukasey

Good Law
258 F. App'x 949
United States Court of Appeals for the Ninth CircuitDecember 10, 2007No. 04-72708California269 words

Opinion

Lead Opinion

MEMORANDUM ***

Avtar Singh petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the Immigration Judge’s (“IJ”) dismissal of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). 1 We have jurisdiction under 8 U.S.C. § 1252 . Because the BIA affirmed the IJ’s decision without opinion, we review the IJ’s decision as the final agency action. See Singh v. Gonzales, 491 F.3d 1019, 1023 (9th Cir.2007). We review for substantial evidence the IJ’s adverse credibility determination, Shire v. Ashcroft, 388 F.3d 1288, 1295 (9th Cir.2004), and we deny the petition.

Substantial evidence supports the IJ’s adverse credibility determination based on inconsistencies between Singh’s testimony and objective evidence indicating that Singh had been attempting to enter the United States long before any alleged persecution occurred. See Wang v. INS, 352 F.3d 1250, 1257-58 (9th Cir.2003); Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001).

Because Singh did not establish that he was eligible for asylum, he also fails to demonstrate eligibility for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153,…

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