Singh

Singh v. Mukasey

Good Law
287 F. App'x 561
United States Court of Appeals for the Ninth CircuitJuly 10, 2008No. 06-74854California347 words

Opinion

Lead Opinion

MEMORANDUM **

Gurdas Singh, a native and citizen of India, petitions for review of the Board of *562 Immigration Appeals’ (BIA) order dismissing his appeal from an immigration judge’s (IJ) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition for review.

The BIA concluded that the IJ did not clearly err in finding Singh not credible, and substantial evidence supports that conclusion. See Singh v. Ashcroft, 367 F.3d 1139, 1143 (9th Cir.2004). “We give special deference to a credibility determination that is based on demeanor,” and the I J’s description of Singh’s increased fidgeting as questions grew difficult is a classic observation which only an IJ is entitled to make. See Jibril v. Gonzales, 423 F.3d 1129, 1137 (9th Cir.2005) (internal quotations omitted). Further, at least several of the specific inconsistencies and implausibilities noted by the IJ are supported in the record and go to the heart of Singh’s application. See Singh, 367 F.3d at 1143 . These include Singh’s claim that he had no apparent injuries despite severe beatings,…

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