Public-domain · open source
OpenJurist

97 F. App'x 192

Singh v. Ashcroft

U.S. Courts of Appeals

Decided May 18, 2004

U.S. Courts of Appeals · decided 2004-05-18

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

Relies on Barron v. Ashcroft · Shobna Chandar Lata v. Immigration and Naturalization Service · Abderrahman Chebchoub v. Immigration and Naturalization Service

Decided 2004-05-18

¶1*193MEMORANDUM …

¶2Kulvir Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ summary affirmance of an immigration judge’s (“IJ”) denial of his application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for substantial evidence an adverse credibility finding and will uphold the IJ’s decision unless the evidence compels a contrary conclusion. See Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003). We deny the petition.

¶3Substantial evidence supports the IJ’s adverse credibility finding because Singh’s testimony was both internally inconsistent and inconsistent with his declaration, and contained implausibilities. Because the factual discrepancies went to the heart of his asylum claim, substantial evidence supports the denial of asylum. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001).

¶4It follows that Singh did not satisfy the more stringent standard for withholding of removal. See Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000).

¶5To the extent that Singh contends he is entitled to relief under the Convention Against Torture, we lack jurisdiction to address it because Singh failed to exhaust this issue. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004).

¶6PETITION FOR REVIEW DENIED.

¶7 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.

/97/fappx/192 · .json · Public domain