Public-domain · open source
OpenJurist

387 F. App'x 811

Singh v. Holder

U.S. Courts of Appeals

Decided July 16, 2010

This page is marked noindex.

U.S. Courts of Appeals · decided 2010-07-16

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

Relies on Farah v. Ashcroft · Abderrahman Chebchoub v. Immigration and Naturalization Service · Chun He Li v. Ashcroft

Decided 2010-07-16

¶1 MEMORANDUM …

¶2 Jaswinder 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 and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we dismiss in part and deny in part the petition for review.

¶3 We lack jurisdiction to review the IJ’s determination that Singh’s asylum application was untimely because that finding was based on disputed facts. See Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir.2007) (per curiam).

¶4 Substantial evidence supports the IJ’s adverse credibility determination based upon the omissions from Singh’s supporting documents of his father’s alleged arrest after Singh’s departure from India, see Li v. Ashcroft, 378 F.3d 959, 962-63 (9th Cir.2004), and the discrepancies be *812 tween Singh’s testimony and the medical document he submitted, see Pal v. INS, 204 F.3d 935, 938 (9th Cir.2000) (inconsistencies between testimony and documentary evidence support an adverse credibility finding). Accordingly, in the absence of credible testimony, petitioner’s withholding of removal claim fails. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

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

…

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

/387/fappx/811 · .json · Public domain