Public-domain · open source
OpenJurist

185 F. App'x 708

Singh v. Gonzales

U.S. Courts of Appeals

Decided July 26, 2006

U.S. Courts of Appeals · decided 2006-07-26

Applies 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Immigration & Naturalization Service v. Elias-Zacarias · Navaratwam Kamalthas v. Immigration and Naturalization Service · Neama El Sayed Ramadan Gasser Hisham El Gendy v. Alberto R. Gonzales, Attorney General

Decided 2006-07-26

¶1MEMORANDUM

¶2Bachitter Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”).

¶3We lack jurisdiction to review the IJ’s determination that petitioner is statutorily ineligible for asylum based on the one-year time bar. See Ramadan v. Gonzales, 427 F.3d 1218, 1221-22 (9th Cir. 2005).

¶4We have jurisdiction under 8 U.S.C. § 1252 over petitioner’s remaining claims. We review the IJ’s decision for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478, 481, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992), and deny the petition for review.

¶5Substantial evidence supports the IJ’s decision that petitioner failed to establish withholding of removal because he did *710not show that any mistreatment occurred on account of an enumerated ground. See id. at 483-84, 112 S.Ct. 812. Because he was arrested after a terrorist identified him as an accomplice in multiple murders, and he was arrested six years later because police wanted to extort a bribe from him, his withholding of removal claim fails. See id.

¶6Substantial evidence also supports the IJ’s conclusion that petitioner failed to show that it was more likely than not that he will be tortured if returned to India. See Kamalthas v. INS, 251 F.3d 1279, 1283 (9th Cir.2001).

¶7PETITION FOR REVIEW DENIED in part; DISMISSED in part.

¶8 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

/185/fappx/708 · .json · Public domain