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Dhillon v. I.N.S.

United States Court of Appeals, Ninth Circuit
Jul 23, 2001
15 F. App'x 468 (9th Cir. 2001)

Opinion


15 Fed.Appx. 468 (9th Cir. 2001) Lakhbir Singh DHILLON, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 00-70497. INS No. A72-118-005. United States Court of Appeals, Ninth Circuit. July 23, 2001

Submitted July 9, 2001 .

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

On Petition for Review of an Order of the Board of Immigration Appeals.

Before KOZINSKI, T.G. NELSON, and RICHARD C. TALLMAN, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

Lakhbir Singh Dhillon, a native and citizen of India, petitions pro se for review of an order of the Board of Immigration Appeals ("BIA") dismissing his appeal from an Immigration Judge's ("IJ") order denying his application for asylum and withholding of deportation. We have jurisdiction

Page 469.

under 8 U.S.C. § 1105a(a). "Where, as here, the BIA adopts the IJ's decision while adding its own reasons, we review both decisions." Kataria v. INS, 232 F.3d 1107, 1112 (9th Cir.2000). We deny the petition.

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA"), Pub.L. No. 104-208, 110 Stat. 3009 (Sept. 30, 1996), replaced this section with a new judicial review provision codified at 8 U.S.C. § 1252. Under IIRIRA's transitional rules, however, this new provision does not apply to proceedings initiated prior to April 1, 1997 that result in a final deportation order entered after October 30, 1996. We therefore continue to exercise jurisdiction over Dhillon's action under 8 U.S.C. § 1105a(a). IIRIRA § 309(c)(1); Kalaw v. INS, 133 F.3d 1147, 1150-51 (9th Cir.1997).

The IJ's and BIA's adverse credibility determinations are supported by substantial evidence and specific, cogent reasons. See de Leon-Barrios v. INS, 116 F.3d 391, 394 (9th Cir.1997). Therefore, Dhillon failed to establish eligibility for asylum. See id. at 393. It follows that he failed to meet the more stringent standard for withholding of deportation. See id. at 394.

PETITION FOR REVIEW DENIED.


Summaries of

Dhillon v. I.N.S.

United States Court of Appeals, Ninth Circuit
Jul 23, 2001
15 F. App'x 468 (9th Cir. 2001)
Case details for

Dhillon v. I.N.S.

Case Details

Full title:Lakhbir Singh DHILLON, Petitioner, v. IMMIGRATION AND NATURALIZATION…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jul 23, 2001

Citations

15 F. App'x 468 (9th Cir. 2001)