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357 F. App'x 97

Karapetyan v. Holder

U.S. Courts of Appeals

Decided November 30, 2009

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U.S. Courts of Appeals · decided 2009-11-30

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

Relies on Farah v. Ashcroft · Chun He Li v. Ashcroft · Husyev v. Mukasey

Decided 2009-11-30

¶1 MEMORANDUM

¶2 Satnam Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ 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 pursuant to 8 U.S.C. § 1252. We review for substantial evidence, Husyev v. Mukasey, 528 F.3d 1172, 1177 (9th Cir.2008), and we deny the petition.

¶3 Substantial evidence supports the IJ’s adverse credibility determination because Singh testified that his feet were confined in a wooden trap for nine days during one of his detentions, but Singh omitted this information from his asylum application and gave inconsistent explanations for this significant omission. See Li v. Ashcroft, 378 F.3d 959 (9th Cir.2004). In the absence of credible testimony, Singh’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

¶4 Because Singh’s CAT claim is based on the testimony the IJ found not credible, and Singh points to no other evidence to show it is more likely than not he would be tortured if returned to India, his CAT claim fails. See id. at 1157.

¶5 PETITION FOR REVIEW DENIED.

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

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