From Casetext: Smarter Legal Research

Grewal v. Ashcroft

United States Court of Appeals, Ninth Circuit
Jan 14, 2005
120 F. App'x 140 (9th Cir. 2005)

Opinion

Submitted Jan. 10, 2005.

This 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NOT FOR PUBLICATION.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)

Page 141.

Pardeep Singh Grewal, Oakland, CA, for Petitioner.

Regional Counsel, Emily A. Radford, Esq., Thomas K. Ragland, Esq., Washington, DC, for Respondent.


On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A75-308-908.

Before: BEEZER, HALL and SILVERMAN, 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 provided by Ninth Circuit Rule 36-3.

Gursant Singh Grewal, 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 under 8 U.S.C. § 1252. We review an adverse credibility finding for substantial evidence and will uphold the decision unless the evidence compels a contrary conclusion. See Singh v. Ashcroft, 367 F.3d 1139, 1143 (9th Cir.2004). We deny the petition for review.

Substantial evidence supports the IJ's decision. Grewal admitted to lying under oath to the asylum officer, and submitted an application that was false and contradictory to a second application. See Leon-Barrios v. INS, 116 F.3d 391, 393-94 (9th Cir.1997) (upholding credibility finding based on discrepancies between two asylum applications relating to the alleged fear of persecution); Al- Harbi v. INS, 242 F.3d 882, 889-90 (9th Cir.2001) (upholding credibility finding based on applicant's "propensity to change his story regarding incidents of past persecution"). Because the IJ had reason to question Grewal's credibility, he could properly require corroborating evidence, and Grewal has not shown that the evidence he presented compelled a contrary conclusion in order to overcome the special deference accorded to credibility determinations. See Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003); Chebchoub v. INS, 257 F.3d 1038, 1044-45 (9th Cir.2001) (corroborating evidence from individuals in the United States should be "easily available"); Sidhu v. INS, 220 F.3d 1085, 1089-91 (9th Cir.2000) (IJ could properly fault applicant for failing to produce critical corroborating witness from nearby suburb).

Because Grewal failed to establish eligibility for asylum, he necessarily failed to meet the more rigorous standard for withholding of removal. See Leon-Barrios, 116 F.3d at 394.

PETITION FOR REVIEW DENIED.


Summaries of

Grewal v. Ashcroft

United States Court of Appeals, Ninth Circuit
Jan 14, 2005
120 F. App'x 140 (9th Cir. 2005)
Case details for

Grewal v. Ashcroft

Case Details

Full title:Gursant Singh GREWAL, Petitioner, v. John ASHCROFT, Attorney General…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jan 14, 2005

Citations

120 F. App'x 140 (9th Cir. 2005)