Singh

Singh v. Mukasey

Good Law
277 F. App'x 711
United States Court of Appeals for the Ninth CircuitMay 7, 2008No. 04-75730California280 words

Opinion

Lead Opinion

*713 MEMORANDUM **

Malkiat Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming an Immigration Judge’s order denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”).

We lack jurisdiction to review the IJ’s and BIA’s factual determinations that Singh did not meet the one-year deadline and did not qualify for an exception to the deadline for filing his asylum application. See Sillah v. Mukasey, 519 F.3d 1042 (9th Cir.2008). Therefore we dismiss the portion of Singh’s petition challenging the denial of asylum.

We conclude that the IJ’s and BIA’s adverse credibility determination was supported by substantial evidence because the IJ’s negative assessment of Singh’s demeanor is entitled to special deference. See Singh-Kaur v. INS, 183 F.3d 1147, 1151 (9th Cir.1999). In addition, the IJ properly found that Malkiat Singh’s testimony was vague and lacked detail. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001). Because Malkiat Singh provided no other evidence to support his claim, he has failed to establish that it is more likely than not that he…

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