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339 F. App'x 817

Kumar v. Holder

U.S. Courts of Appeals

Decided August 3, 2009

U.S. Courts of Appeals · decided 2009-08-03

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

Relies on Farah v. Ashcroft · Satnam Singh-Kaur Hari Singh v. Immigration and Naturalization Service · Martinez v. Holder

Decided 2009-08-03

¶1*818MEMORANDUM

¶2Anil Kumar, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence and will uphold the agency’s decision unless the evidence compels a contrary conclusion. Martinez v. Holder, 557 F.3d 1059, 1060 (9th Cir.2009). We deny the petition for review.

¶3Substantial evidence supports the agency’s adverse credibility determination because Kumar testified that he lied at his asylum interview regarding whether he was persecuted in India, see id. at 1061-65, and a reasonable factfinder would not be compelled to accept Kumar’s explanation for lying, see Singh-Kaur v. INS, 183 F.3d 1147, 1150 (9th Cir.1999). The agency therefore properly denied Kumar’s applications for asylum and withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

¶4Because Kumar’s CAT claim is based on the same testimony the agency found not credible, and he points to no other evidence the agency should have considered, he has failed to establish eligibility for CAT relief. See id. at 1156-57.

¶5PETITION FOR REVIEW DENIED.

¶6 This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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