Public-domain · open source
OpenJurist

84 F. App'x 971

Singh v. Ashcroft

U.S. Courts of Appeals

Decided January 2, 2004

U.S. Courts of Appeals · decided 2004-01-02

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 · Manimbao v. Ashcroft

Decided 2004-01-02

¶1MEMORANDUM

¶2Rajinder Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ summary decision affirming the immigration judge’s (IJ) denial of Singh’s application for asylum, withholding of removal, and relief under the Convention Against Torture. Singh alleged persecution on account of his political activities as a member of the All India Sikh Students Federation (AISSF). We have jurisdiction pursuant to 8 U.S.C. § 1252(a)(1) and deny the petition for review.

¶3We review the IJ’s credibility findings for substantial evidence and defer to credibility findings that are fairly supported by the record and supported by specific and cogent reasons for the rejection of the testimony. Mendoza Manimbao v. Ashcroft, 329 F.3d 655, 658 (9th Cir.2003). We must affirm the decision unless the record compels a finding that Singh was credible and eligible for immigration benefits. INS v. Elias-Zacarias, 502 U.S. 478, 483, 112 S.Ct. 812,117 L.Ed.2d 38 (1992).

¶4The IJ’s credibility finding is supported by substantial evidence in the record, including inconsistencies in Singh’s testimony that go to the heart of his claims of past persecution. In addition, although Singh testified that he attended at least two AISSF meetings a month for 16 months, he lacked an in-depth knowledge of the goals or plans of the AISSF. The record does not compel a finding that Singh was credible.

¶5PETITION FOR REVIEW DENIED.

¶6 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.

/84/fappx/971 · .json · Public domain