Balbir Dhaliwal v. Eric H. Holder Jr.

MEMORANDUM

Balbir Singh Dhaliwal (“Petitioner”), a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his applications for asylum and withholding of removal. Petitioner also appeals the BIA’s affirmance of the IJ’s finding that Petitioner’s testimony during removal proceedings was not credible and that Petitioner filed a frivolous application for asylum. This court has jurisdiction under 8 U.S.C. § 1252 , and we deny the petition.

Adverse credibility findings are reviewed for substantial evidence, meaning they are “conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252 (b)(4)(B) (2012); Malkandi v. Holder, 576 F.3d 906, 917 (9th Cir.2009). In pre-REAL ID cases, an adverse credibility ruling must be upheld so long as identified inconsistencies go to “the heart of [the] asylum claim.” Singh v. Ashcroft, 301 F.3d 1109, 1111 (9th Cir.2002) (quotation omitted). The IJ, however, must give the asylum applicant a “reasonable opportunity” to explain inconsistencies in his testimony. Chen v. Ashcroft, 362 F.3d…