Singh

Singh v. Mukasey

Good Law
272 F. App'x 595
United States Court of Appeals for the Ninth CircuitMarch 27, 2008No. 05-71600California365 words

Opinion

Lead Opinion

MEMORANDUM **

Maihen Singh, his wife, Arana Devi Singh, and their adult children, Atendrá Singh and Nileshni Devi Singh, natives and citizens of Fiji, petition for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an Immigration Judge’s (“IJ”) order denying them application for asylum, withholding of deportation and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . See Sotelo v. Gonzales, 430 F.3d 968, 970 (9th Cir.2005) (treating petitions formerly brought under the IIRIRA’s transitional rules as being filed under the permanent provisions of 8 U.S.C. § 1252 as required by § 106(d) of the REAL ID Act of 2005, Pub.L. No. 109-13,119 Stat. 231, 311 (2005)).

Where, as here, it is unclear whether the BIA conducted a de novo review, we may “look to the IJ’s oral decision as a guide to what lay behind the BIA’s conclusion.” Avetova-Elisseva v. INS, 213 F.3d 1192, 1197 (9th Cir.2000). We review for substantial evidence, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we deny the petition.

The IJ and BIA offered specific, cogent reasons for the adverse credibility determination that are supported by…

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